New Mexico Administrative Code

A. General responsibilities of public agencies. Each public agency shall establish, implement, and maintain procedural safeguards that meet the requirements of 34 CFR Secs. 300.500 through 300.536, and all other applicable requirements of these or other department rules and stand…

A. U.S. department of education interpretations. The U.S. department of education's (USDE) interpretations of the provisions of 34 CFR Part 300 as set forth in its Analysis of Comments and Changes to Part 300 at 71 Federal Register 46547-46753 (August 14, 2006), and other interpr…

The requirements of these rules are binding on each New Mexico public agency that has direct or delegated authority to provide special education and related services, regardless of whether that public agency is receiving funds under the federal Individuals with Disabilities Educa…

This rule is being promulgated pursuant to Sections 22-2-1, 22-2-2, 22-13-5 and 22-13-6.1 NMSA 1978.

Permanent.

July 1, 2020, unless a later date is specified at the end of a section.

The following rule is promulgated to assist New Mexico public agencies in appropriately identifying and providing educational services for children with disabilities. The purposes of this rule are to ensure that all children with disabilities have available a free appropriate pub…

A. Terms defined by federal laws and rules. All terms defined in the following federal laws and rules and any other federally defined terms that are incorporated there by reference are incorporated here for purposes of these rules. (1) The federal Individuals with Disabilities Ed…

A. All children with disabilities aged three through 21 or who will turn three at any time during the school year who reside in New Mexico, including children with disabilities who have been suspended or expelled from school, have the right to a FAPE that is made available by one…

A. Compliance with applicable laws and rules. Each New Mexico public agency, within the scope of its authority, shall develop and implement appropriate policies, procedures, programs, and services to ensure that all children with disabilities who reside within the public agency's…

Public Education Department, hereinafter the department.

LEA shall report annually the revenue and expenditure details regarding gifted education funds received through the state equalization guarantee formula, and gifted expenditures from Title I and Title II funds in the Education Plan pursuant to 6.29.1 NMAC.

A. Areas of need. Student needs for individualized gifted education shall be based on evidence of: (1) general intellectual ability; (2) creative or divergent thinking; (3) problem solving or critical thinking; (4) specific aptitude or achievement; (5) artistic ability, creativit…

A. To ensure the individual needs of each gifted student are met, the GIEP team shall create and update annually a GIEP document. A GIEP shall include but not be limited to the following information: (1) student demographic information; (2) area(s) of original qualification; (3) …

To ensure the specific needs of each gifted student are met, LEAs shall follow the caseload requirements found in Subsection I of 6.29.1.9 NMAC.

A. To ensure the specific needs of each gifted student are met, LEAs shall: (1) Provide a copy of dispute resolution processes to parents and legal guardians at least once a year and when the following occurs:(a) the first time in a school year that an annual GIEP meeting is sche…

If an LEA fails or refuses to comply with the applicable law or rules, and if the noncompliance or refusal to comply cannot be corrected or avoided by informal means, compliance may be effected by the department or the student's parent or guardian by any means authorized by state…

The requirements of these rules are binding on each New Mexico public agency that has direct or delegated authority to provide gifted education and related services, regardless of whether it provides gifted education and related services directly, by contract, or through other ar…

Sections 9-24-8, 22-2-1, 22-2-2, 22-13-6 and 22-13-6.1 NMSA 1978.

Permanent.

July 31, 2023, unless a later date is specified at the end of a section.

This rule is promulgated to assist New Mexico public agencies in appropriately identifying and providing educational services for gifted students. The purposes of this rule are to ensure all gifted students have gifted education and related services to meet their individual needs…

A. "Aptitude" means capacity to acquire competence, skill, or behaviors that can be monitored, evaluated, or observed. B. "Articulation" means the communication and planning about student educational needs that occurs as students are promoted through the school system grade by gr…

A. Each LEA shall create a gifted advisory committee of parents, community members, students, and school staff members. A school district may create as many advisory committees as there are high schools in the school district or may create a district-wide advisory committee. B. T…

A. LEAs shall submit a gifted education program plan for the next fiscal year to the department every other year by a department-assigned date. A gifted education program plan shall be deemed complete if it addresses all elements specified in Subsection B of this section. The gif…

Public Education Department, hereinafter the department.

To be eligible for financial support, each program shall: A. provide for the educational needs of linguistically and culturally different students, including Native American children and other students who may wish to participate, in grades kindergarten through 12, with priority …

A. A public school district shall submit an initial application to the department by the date of the preceding school year as specified by the department for each school requesting program approval. A proposed bilingual multicultural education program shall be eligible pursuant t…

A. Public schools providing an approved bilingual multicultural education program shall include: (1) instruction to attain language proficiency and literacy skills in two languages, one of which is English; (2) instruction to attain academic achievement in two languages, one of w…

Districts shall provide professional development to employees. A. Public school districts shall provide professional development to teachers, Native American language and culture teachers, teacher assistants, instructional support personnel, principals, bilingual directors or coo…

A. Trained personnel shall administer state-approved language proficiency assessments in English and the home or heritage language annually until proficiency in each language is achieved; public schools providing a Native American language revitalization program, or other approve…

A. Bilingual multicultural education programs shall be evaluated by the department annually for effectiveness and for the appropriate use of funds generated by the bilingual cost differential in the funding formula. For the purposes of such evaluation, each district shall maintai…

Based on program monitoring and review of the annual report, the department will determine whether the bilingual multicultural education program is compliant pursuant to Section 22-23-1 NMSA 1978 and 6.32.2 NMAC. A. If the department determines that a program is compliant, the pu…

This regulation applies to public schools receiving bilingual state funding, K-12.

This regulation is adopted pursuant to Sections 9-24-8, 22-2-1, 22-2-2, and 22-23-1 through 22-23-6 NMSA 1978.

Permanent.

July 1, 2018, unless a later date is cited at the end of a section.

This regulation provides requirements for developing and implementing bilingual multicultural education and language revitalization programs and supports the state of New Mexico's long-standing policy in furthering bilingual multicultural education.

A. "bilingual multicultural education program" means a program using two languages, including English and the home or heritage language, as a medium of instruction in the teaching and learning process; B. "culturally and linguistically different" means students who are of a diffe…

The department shall be responsible for carrying out the powers and duties as provided in the Bilingual Multicultural Education Act, Sections 22-23-1 through 22-23-6 NMSA 1978.

The state's bilingual multicultural education program goals are to: A. become bilingual and biliterate in English and a second language, including Spanish, a Native American language (with appropriate approval from tribal councils or from other appropriate tribal entities with au…

Public Education Department (PED)

Local school boards and governing bodies of state-chartered schools.

This regulation is adopted pursuant to Sections 22-1-9.1, 22-2-1 and 9-24-8(D) NMSA 1978.

Permanent.

September 15, 2015, unless a later date is cited at the end of a section.

This rule establishes the criteria for students to earn a state seal of bilingualism-biliteracy on a New Mexico diploma of excellence. The state seal of bilingualism-biliteracy certifies that the recipient is proficient for meaningful use in college, a career or to meet a local c…

A. "Academic language" means the language used in academic content in formal schooling contexts, including specialized or technical language and discourse related to each content area. B. "English language learner" means a student whose first or heritage language is not English a…

A. To earn the bilingualism-biliteracy seal on the diploma of excellence, students must meet the graduation requirements as specified in Subsection J of 6.29.1.9 NMAC and demonstrate proficiency in a language other than English, through one of the following methods:(1) certificat…

The graduate's high school transcript must also indicate that the graduate received the state seal on the graduate's New Mexico diploma of excellence.