51,436 sections across 3,184 New Mexico regulatory chapters.
R.6.100.2-6.100.2.7 DEFINITIONS
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A. "Applicant" means an individual for whom a formal application for vocational rehabilitation services has been signed and submitted to DVR by the individual or the individual's authorized representative. B. [Reserved] C. [Reserved] D. [Reserved] E. Community rehabilitation prog…
R.6.100.2-6.100.2.8 GENERAL POLICY
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General policies include: A. Respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on the informed choice of individuals with disabilities; B. Respect for the privacy, rights, and equal access of individuals with dis…
R.6.100.2-6.100.2.9 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND FEDERAL GRANTS
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DVR shall conduct programs and activities in such a manner that no person in the United States will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any such program or activity on the ground of race, color, national origin, se…
R.6.101.2-6.101.2.1 ISSUING AGENCY
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Public Education Department.
R.6.101.2-6.101.2.10 FAIR HEARING
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A. Request for a fair hearing. A request for a fair hearing shall be made in writing online, via email, or by mailed letter to the director of the NMDVR. Incomplete requests that do not contain all of the required information will not be considered. Requests shall include the fol…
R.6.101.2-6.101.2.2 SCOPE
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The provisions of this regulation pertain to applicants for or recipients of vocational rehabilitation services who may be aggrieved by any action or inaction of the New Mexico division of vocational rehabilitation (hereinafter, NMDVR) or of the director of the NMDVR that affects…
R.6.101.2-6.101.2.3 STATUTORY AUTHORITY
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This regulation is adopted pursuant to the Rehabilitation Act of 1973, as amended, 34 CFR Part 361, Sections 9-24-8, 22-2-1, 22-2-2, 22-13-13, 22-14-8, and 22-14-12 NMSA 1978, and New Mexico Rules of Civil Procedure, District Court Rule 1-074.
R.6.101.2-6.101.2.4 DURATION
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Permanent.
R.6.101.2-6.101.2.5 EFFECTIVE DATE
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September 24, 2024, unless a later date is cited at the end of a section.
R.6.101.2-6.101.2.6 OBJECTIVE
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To provide general policy for an applicant for or recipient of vocational rehabilitation services who is dissatisfied with any determination made by personnel of the NMDVR that affects the provision of vocational rehabilitation services to request a timely review of that determin…
R.6.101.2-6.101.2.7 DEFINITIONS
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A. "Applicant" means an individual applying for NMDVR services, and includes any representative of the applicant, such as a guardian, legal counsel, or other advocate. B. "Burden of proof" means the responsibility of the party asserting a claim to prove that the claim is valid th…
R.6.101.2-6.101.2.8 REVIEW OF DETERMINATION
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A. Any applicant or recipient of vocational rehabilitation services who is dissatisfied with any determination made by personnel of the NMDVR that affects the provision of vocational rehabilitation services may request a timely review of that determination through mediation, a fa…
R.6.101.2-6.101.2.9 MEDIATION
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A. Request. A request for mediation shall be made in writing online, via email, or by mailed letter to the director of the NMDVR. Incomplete requests that do not contain all of the following required information shall not be considered: (1) the name of the NMDVR counselor assigne…
R.6.102.2-6.102.2.1 ISSUING AGENCY
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State Board of Education
R.6.102.2-6.102.2.10 COURTROOM AND LEGAL SITUATIONS
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Due to the nature of legal and courtroom interpreting, which requires interpreters who are highly skilled and knowledgeable in this field, it is recommended that the court select the most qualified interpreter possible in order to protect consumers who are deaf. Also recommended …
R.6.102.2-6.102.2.11 FEE SCHEDULE
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Interpreters who travel less than 75 map miles for the assignment may charge a minimum two hour fee per assignment. The minimum fee is four hours when the interpreting assignment requires traveling 75 plus map miles one way. An interpreter traveling 25 miles or more one way to an…
R.6.102.2-6.102.2.2 SCOPE
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The provisions of this regulation apply to interpreter services for any deaf person requesting or receiving services from any health, welfare or educational agency under the authority of the state or any political subdivision of the state or municipality, or any administrative or…
R.6.102.2-6.102.2.3 STATUTORY AUTHORITY
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This regulation is adopted pursuant to Sections 22-14-8 and 38-9-7(C) NMSA 1978.
R.6.102.2-6.102.2.4 DURATION
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Permanent
R.6.102.2-6.102.2.5 EFFECTIVE DATE
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December 31, 1998
R.6.102.2-6.102.2.6 OBJECTIVE
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This regulation establishes a fee schedule for interpreters for persons who are deaf and hard of hearing.
R.6.102.2-6.102.2.7 DEFINITIONS
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[RESERVED]
R.6.102.2-6.102.2.8 PROCEDURE
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The following procedures will be utilized by the agency in providing interpreter services to deaf and hard of hearing individuals, including staff. Deaf and hard of hearing individuals vary considerably in terms of their receptive and expressive communication skills. Multi-disabl…
R.6.102.2-6.102.2.9 STANDARDS FOR INTERPRETERS
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A. Interpreters utilized by the agency shall be certified by the national registry of interpreters for the deaf (RID) or through the state quality assurance (QA) system through the commission for the deaf and hard of hearing (CDHH). B. The CDHH will evaluate the qualifications of…
R.6.11.2-6.11.2.1 ISSUING AGENCY
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Public Education Department, hereinafter the department.
R.6.11.2-6.11.2.10 ENFORCING RULES OF CONDUCT
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A. Enforcing attendance requirements. Local school districts and public schools shall establish, maintain, and enforce attendance policies and requirements set forth in Section 22-12A-1 et seq. NMSA 1978, the Attendance for Success Act, and Section 32A-3A-1 et seq. NMSA 1978, the…
R.6.11.2-6.11.2.11 DISCIPLINARY REMOVALS OF STUDENTS WITH DISABILITIES
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A. General. The following rules shall apply when a student with a disability under IDEA violates a rule of conduct as set forth in this rule which may result in: (1) long-term suspension or expulsion; or (2) any other disciplinary change of the student's current educational place…
R.6.11.2-6.11.2.12 PROCEDURE FOR DETENTIONS, SUSPENSIONS, AND EXPULSIONS
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The authority of the state and of local school boards to prescribe and enforce standards of conduct for public school students must be exercised consistently with constitutional safeguards of individual student rights. The right to a public education is not absolute; it may be ta…
R.6.11.2-6.11.2.2 SCOPE
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This rule applies to public schools and public school students.
R.6.11.2-6.11.2.3 STATUTORY AUTHORITY
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This rule is being promulgated pursuant to Sections 22-2-1, 22-2-2, and 22-5-4.12 NMSA 1978 and 42 U.S.C. 11431 et seq., the McKinney-Vento Homelessness Assistance Act.
R.6.11.2-6.11.2.4 DURATION
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Permanent.
R.6.11.2-6.11.2.5 EFFECTIVE DATE
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August 25, 2020, unless a later date is cited at the end of a section.
R.6.11.2-6.11.2.6 OBJECTIVE
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To provide a comprehensive framework within which school districts, local school boards, locally chartered charter schools, state-chartered charter schools, and governing bodies of charter schools may carry out their educational mission and exercise their authority and responsibi…
R.6.11.2-6.11.2.7 DEFINITIONS
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A. "Administrative authority" means the school district superintendent, the head administrator of a state-chartered charter school, a principal, or their delegate to act officially in a matter involving school discipline or the maintenance of order. The term may include school se…
R.6.11.2-6.11.2.8 GENERAL PROVISIONS
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A. Jurisdiction over students. Public school authorities, which include all officials, employees and authorized agents of public schools, whose responsibilities include supervision of students shall have comprehensive authority within constitutional bounds to maintain order and d…
R.6.11.2-6.11.2.9 RULES OF CONDUCT FOR NEW MEXICO PUBLIC SCHOOLS
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The acts specified in Subsection A of 6.11.2.9 NMAC are prohibited in all public schools in New Mexico. Within legal limits as defined in Subsection L of 6.11.2.7 NMAC, local school boards have discretion to develop rules of conduct governing all others area of student and school…
R.6.12.10-6.12.10.1 ISSUING AGENCY
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Public Education Department, herein after the department.
R.6.12.10-6.12.10.10 DESIGNATED SCHOOL PERSONNEL
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For each local school board or governing body that identifies the school personnel who will serve as designated school personnel under Section 22-33-5 NMSA 1978, policies shall address possession, storage, and administration of medical cannabis to a qualified student.
R.6.12.10-6.12.10.11 STUDENTS
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A. Each school district and charter school shall ban a student's possession, use, distribution, sale, or being under the influence of a cannabis product in a manner inconsistent with provisions of the Lynn and Erin Compassionate Use Act. B. No school shall discipline a student wh…
R.6.12.10-6.12.10.12 EXEMPTION FROM RULE; APPEAL PROCEDURES
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A. A school district or charter school may seek an exemption from implementing the provisions of this rule if it receives written communication from the federal government that implementation would result in federal education funding being withheld or withdrawn. The school distri…
R.6.12.10-6.12.10.13 EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES
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In accordance with this rule and New Mexico department of health rules: A. Designated school personnel shall be exempt from civil liability and are authorized within their scope of employment, and their licensure if applicable, to possess, store, and administer cannabis to qualif…
R.6.12.10-6.12.10.14 HEMP EXEMPTED
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School districts and charter schools are encouraged to have policies and procedures relating to hemp, which is not subject to the same civil or criminal laws as cannabis or medical cannabis.
R.6.12.10-6.12.10.2 SCOPE
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This rule applies to school districts, local school boards, state-chartered charter schools and governing bodies.
R.6.12.10-6.12.10.3 STATUTORY AUTHORITY
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Sections 9-24-8, 22-2-1, 22-2-2 and 22-33-5 NMSA 1978.
R.6.12.10-6.12.10.4 DURATION
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Permanent.
R.6.12.10-6.12.10.5 EFFECTIVE DATE
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August 27, 2019, unless a later date is cited at the end of a section.
R.6.12.10-6.12.10.6 OBJECTIVE
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The objective of this rule is to provide parameters for the possession, storage, and administration of medical cannabis to qualified students for use in school settings.
R.6.12.10-6.12.10.7 DEFINITIONS
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A. "Cannabis" means all parts of the plant cannabis, including any and all varieties, species, and subspecies of the genus cannabis, and excludes the plant cannabis sativa L. and any party of the plant, whether growing or not, containing a delta-9-tetrahydrocannabinol concentrati…
R.6.12.10-6.12.10.8 POSSESSION, STORAGE, AND ADMINISTRATION
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A. Policies and Procedures. Each local school board or governing body shall establish policies and procedures for the possession, storage, and administration of medical cannabis that: (1) address the administration of medical cannabis in school settings during the school day by: …
R.6.12.10-6.12.10.9 PRIMARY CAREGIVER
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School districts and charter schools' policies and procedures regarding primary caregivers' responsibilities shall address a primary caregiver's duty to: A. Demonstrate evidence to the school that the student is authorized as a qualified patient pursuant to the Lynn and Erin Comp…