N.M. Admin. Code § 6.12.10.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.12.10.12 - EXEMPTION FROM RULE; APPEAL PROCEDURES

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from the federal government that implementation would result in federal education funding being withheld or withdrawn.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 district or charter school shall deliver electronically such written communication from the federal government to the secretary, who shall review the written communication for compliance with this paragraph. After the secretary confirms compliance with this paragraph, the school district or charter school shall post on its website the written communication from the federal government and notice of the exemption from implementing the provisions of this rule.

B. A primary caregiver may appeal the school district's or charter school's exemption by submitting a signed letter to the secretary containing a statement of the facts on which the appeal is based, detailing the basis of the appeal. The secretary or secretary's designee may require additional documentation to be provided by the primary caregiver, school district, or charter school before responding to the appeal. Such additional documentation, if requested, shall be due within 10 days of the request. The secretary shall provide a written response with a final decision within 30 days of receipt of the appeal or within 30 days of receipt of the additional documentation requested, whichever is later. The secretary, at the secretary's discretion, may require a hearing, to be conducted within 60 days of receipt of the appeal, and to include a representative of the school district or charter school, before the secretary or secretary's designee. The secretary shall issue a final decision within 30 days of the hearing.

Adopted by New Mexico Register, Volume XXX, Issue 16, August 27, 2019, eff. 8/27/2019