New Mexico Administrative Code

Permanent

December 31, 1998, unless a later date is cited at the end of a section.

To provide local school boards and governing authorities of state agencies with requirements for sabbatical leave and form sabbatical leave contracts in accordance with the requirements of Sections 22-10A-21, 21-10A-35, 22-10A-36, and 22-10A-37, NMSA 1978.

[Reserved]

Boards of education contemplating granting sabbatical leave to teachers shall submit the following information to the PED: A. Degree plan of employee or travel itinerary plus a narrative statement by the local superintendent explaining how this experience will benefit the school …

A. The board of education of _________________________________________, New Mexico, hereinafter referred to as board, and ____________________________________________________, certified (licensed) employee, herein referred to as employee, agree: (1) Employee desires to take a sab…

Public Education Department

This rule applies to local school boards, governing bodies of charter schools, and governing authorities of state agencies and licensed school instructors.

This rule is adopted pursuant to Sections 22-2-122-2-2, 22-5-14, 22-10A-22, and 22-10A-23 NMSA 1978.

Permanent

December 31, 1998, unless a later date is cited at the end of a section.

This rule establishes requirements for providing written notice of reemployment or termination to licensed school instructors employed by local school districts or state agencies.

A. "Department" means the public education department (PED). B. "Local school board" or "board' means the governing body of a school district or charter school. C. ""Local superintendent" means the chief executive office of a school district or charter school. D. "Notice of reemp…

A. Prior to the end of each school year, the local school board, local superintendent, or the governing authority of the state agency shall serve written notice of reemployment or termination on each licensed school instructor employed by the school district or state agency. (1) …

Failure to provide written notice of termination to tenured licensed staff fourteen days on or before the last day of the school year shall be deemed prejudicial, unless good cause for the failure is shown by the employer, and may be sufficient cause for reversal at any terminati…

Public Education Department

This rule applies to local school boards, governing bodies of charter schools, and licensed school personnel.

This rule is adopted pursuant to Sections 22-2-122-2-2, and 22-10A-21, NMSA 1978.

Permanent

December 31, 1998, unless a later date is cited at the end of a section.

This rule establishes requirements for the termination or discharge of licensed school personnel when a reduction in personnel is required.

A. "Department" means the public education department (PED). B. "Discharge" means the act of severing the employment relationship prior to the expiration of the current employment contract. C. "Local school board" or "board" means the governing body of a school district or charte…

Local school boards shall have the right to discharge or terminate licensed school personnel when a reduction in school personnel is required as a result of decreased enrollment or a decrease or revision of educational programs or insufficient legislative appropriation or authori…

Public Education Department (PED)

A. Other grounds for denial of applications: Subject to the procedures set forth below, the educator ethics bureau (EEB), or the PLB may deny an application for initial or continuing licensure for incompetency, immorality or for any other good and just cause. "Other good and just…

A. Before notice is given to the director of the PLB that an applicant has not satisfactorily demonstrated the competencies required for the level of licensure sought, the following procedures must be followed: (1) two (2) or more conferences shall have been held with the license…

The following procedures shall govern the denial of properly made applications for initial or continuing licensure on any ground specified in Subsection A of 6.68.2.10 NMAC except for those applications noted in Subsection B of 6.68.2.9 NMAC and Paragraphs (1) through (4) of Subs…

A. Filing of request for hearing: An applicant shall initiate a request for hearing by filing a timely, written request for hearing with the PED, by delivery of such request to the PED's office of the secretary in Santa Fe, New Mexico. Such request must be sent by certified mail,…

A. An applicant shall have the right to be represented by counsel or by a licensed member of his own profession or occupation, or both at no expense to the PED; to present all relevant evidence by means of witnesses and books papers, documents and other evidence; to examine all o…

A. Purpose: The purpose of the hearing shall be to determine whether sufficient grounds exist for the denial of an initial license application or continuing licensure application by the PED. The burden of proof shall be upon the PED to establish by a preponderance of the evidence…

A. The parties' proposals: The hearing officer shall afford the applicant and the PED an opportunity to file proposed findings of fact and conclusions of law by a deadline specified by the hearing officer not to exceed thirty (30) days from the closing of the hearing. The hearing…

A. The secretary shall review the report of the hearing officer together with any briefs or proposed findings/conclusions/orders timely submitted by the parties. The secretary shall render a final decision and order based on a preponderance of the evidence. The secretary's decisi…

A. Time limits: The time limits specified in this rule may be waived by the applicant if done in writing. B. Hearing: No hearing need be held by the PED if the applicant waives in writing their right to the hearing. C. Voluntary denial: Prior to service of notice on an individual…

A. A final decision by the secretary after the hearing officer has made the required recommendations may be appealed to the district court by an applicant within thirty (30) days of the date of filing of the decision in accordance with Section 39-3-1.1, NMSA 1978. ("Appeal of fin…

This rule governs the denial of applications for licenses and certificates for school personnel enumerated in Section 22-10A-3 A NMSA 1978.

Any part of this rule found by adjudication before a competent tribunal to be contrary to law shall be stricken without effect to the remainder.

Sections 22-2-1 B, NMSA 1978; 22-2-2 J, K, NMSA 1978; 22-10A-31, NMSA 1978; and 61-1-1 et seq., NMSA 1978.

Permanent

November 30, 2005, unless a later date is cited at the end of a section.

This rule, adopted by the PED, governs the application process for initial issuance or continuing licensure of all types of licenses and certificates issued by the PED, as well as the denial of such applications. Applicants must also meet all requirements prescribed in PED rules …

A. "Continuing education requirements" when used in regards to teachers means meeting the high objective uniform statewide standard of evaluation for the type and level of licensure for which an applicant has applied as set forth in 6.69.4.11 NMAC and required under Subsection B …

A. The professional licensure bureau, PLB of the PED shall prescribe the form(s) for applications for initial and continuing licensure of school personnel in New Mexico. B. All applicants for initial or continuing licensure shall meet the requirements of PED rules governing the t…

A. The PLB shall deny any properly made application for initial or continuing licensure as defined in Subsection F of 6.68.2.7, where an applicant has failed to satisfy all testing or competency requirements specified in PED rules governing the type(s) and level(s) of licensure s…

Public Education Department

A. A licensee shall have the right to be represented by counsel or by a licensed member of his own profession or occupation, or both at no expense to the department; to present all relevant evidence by means of witnesses and books papers, documents and other evidence; to examine …

A. Purpose: The purpose of the hearing shall be to determine whether sufficient grounds exist for the suspension, revocation or other disciplinary action against the license or certificate held by a licensed school instructor, administrator or any other of the individuals enumera…

A. The parties' proposals: The hearing officer shall afford the licensee and the department an opportunity to file proposed findings of fact and conclusions of law by a deadline specified by the hearing officer not to exceed thirty days from the closing of the hearing. The hearin…

A. The secretary shall review the report of the hearing officer together with any briefs or proposed findings/conclusions/orders timely submitted by the parties. The secretary shall render a final decision and order based on a preponderance of the evidence. The secretary's decisi…

A. Time limits: The time limits specified in this rule may be waived by the licensee if done in writing. B. Hearing: No hearing need be held by the department if the licensee waives in writing his or her right to the hearing. C. Voluntary surrender: Prior to service of notice on …

A. A final decision by the secretary after the hearing officer has made his or her recommendations may be appealed to the district court by an applicant within thirty days of the date of filing of the decision in accordance with Section 39-3-1.1, NMSA 1978. ("Appeal of final deci…