N.M. Admin. Code § 6.2.9.16

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

Section 6.2.9.16 - RENEWAL

A. The division will analyze each renewal application according to the criteria established by the commission and the act and will prepare a preliminary renewal analysis. The preliminary renewal analysis shall include the division's preliminary recommendation to the commission whether to renew, renew with conditions, or to not renew.

B. The school seeking to renew its charter as a state charter school may provide a written response to the preliminary renewal analysis within 10 days of receipt. If the division agrees with the school's response, the division will modify the final renewal analysis before submitting it to the commission and provide an updated analysis to the state charter school. If the division disagrees with the school's response in whole or in part, it will provide reasons why it disagrees with the school's response in its final renewal analysis and include the school's response in the division's final renewal analysis submitted to the commission.

C. No later than 30 days prior to the renewal hearing, for each renewing school seeking to renew its charter as a state charter school, the commission shall identify in writing preliminary issues of concern, an indication of possible non-renewal if identified by the commission, and request for further information to allow the school to prepare for the renewal hearing.

D. The division will submit its final renewal analysis as described in this section to the commission by no later than 10 days prior to the commission hearings on the renewal applications.

E. Unless a non-renewal hearing is requested as set forth below, for each renewing charter, the commission shall hold a renewal hearing according to an approved renewal process, allow public input, and allow oral presentations by the division and the school. The commission will then be allowed to ask questions of the division and the school related to the renewal application and oral presentations prior to making a decision regarding renewal.

F. If the division provides a recommendation of non-renewal, if the commission has indicated to the school that it may consider non-renewal, or if the record of performance contains sufficient grounds for non-renewal, the school may request to invoke the non-renewal hearing procedure described in Subsection G of this section. A state charter school's request for the commission to follow the non-renewal hearing procedure shall be provided to the commission chair and division director by no later than 10 days after issuance of the division's preliminary renewal analysis.

G. If the school seeking to renew its charter as a state charter school timely requests that the commission follow the non-renewal hearing procedure, the commission shall provide the school with the following minimum process before voting on the division's recommendation for nonrenewal.

(1) Upon receipt of the school's request for the commission to follow the non-renewal hearing procedure, the commission shall provide notice of the date and time of the possible non-renewal hearing no later than 10 days prior to the hearing, or indicate that the commission will utilize the same date and time set previously identified for a renewal hearing for the school. The full record of performance, renewal application, and analysis by the division will be considered as part of the record without further evidentiary foundation needed. Within five days, the chairperson of the commission, with counsel, shall meet with the parties and their counsel to confirm anticipated witnesses and documents to be presented, including how to address any newPublic Education Department (PED) information that the parties may wish to present, and to memorialize the anticipated witnesses, documents, process and timelines as established in the meeting.

(2) If the commission has indicated to the school that it may consider non-renewal, the division or commission counsel may rely on the grounds provided to the school in the record of performance, the reasons provided in the division's final renewal analysis that were previously disclosed to the school through the process contemplated under this rule, or in the written letter of concern from the commission provided to the school during the charter contract term.

(3) The non-renewal hearing shall be conducted as follows:

(a) If the commission has indicated to the school that it may consider non-renewal, the division will have one hour in total to present its recommendation and supporting evidence to the commission, which may be through its counsel or commission counsel. The presenting party may present witness testimony or documentary evidence, and shall have the opportunity to question the state charter school representatives in appearance, excluding legal counsel.

(b) The school, through counsel if it elects to have counsel, shall then have one hour in total to present evidence to defend its application for renewal. The school may present witness testimony or documentary evidence and shall have the opportunity to question division representatives or other representatives in appearance about information used to support a recommendation of nonrenewal.

(c) Commission members may ask questions of the division, its attorney or witnesses, and the school representatives and witnesses, during the presentations, which shall not be subtracted from the division's or school's time, and may take up to one hour after the school and division finish their presentations to ask additional questions that are related to the renewal applications and the previously identified reasons given for possible nonrenewal.

H. Attorneys may provide representation at the hearing, at each parties' sole cost and expense.

I. The hearing shall be recorded by a licensed stenographer and a copy of the transcript shall be presented to the parties within 10 days of the hearing unless additional time can be extended without prejudice to the school's right to appeal.

J. The hearing and deliberations of the commission shall be conducted pursuant to the Open Meetings Act.

K. The commission shall vote on the state charter school's renewal in a public meeting and articulate the legal grounds and supporting evidence for its decision on the record. The commission shall serve a written decision on the state charter school's representatives within 14 days of the hearing. If the commission decides not to renew the charter contract, the decision shall include the legal basis for non-renewal and the factual reasons supporting findings of legal violations, required pursuant to Subsection K and Subsection M of Section 22-8B-12 NMSA 1978 during the public hearing.

L. A school may appeal to the secretary pursuant to Section 22-8B-7 NMSA 1978 and provisions of 6.80.4.13 NMAC.

N.M. Admin. Code § 6.2.9.16

Adopted by New Mexico Register, Volume XXXIV, Issue 14, July 31, 2023, eff. 7/31/2023