N.M. Code R. § 6.30.6.8 - FACTORS IN DETERMINING SUSPENSION BY THE SECRETARY
A. Suspending the authority of local school
boards is warranted whenever there has been a failure to meet requirements of
law, standards, or rules of the department, relating to any part of the school
district under their respective control. Whether or not to commence the
suspension process under this rule shall be at the discretion of the secretary
who will make this determination on a case by case basis.
B. The secretary, after consultation with the
commission, shall suspend from authority and responsibility a local school
board that has had notice of disapproval and fails to comply with the
requirements or procedures of Subsection B of
6.30.6.9
NMAC.
C. To determine a failure to
meet the requirements of law, department standards, or department rules, the
secretary shall consider the following factors, including but not limited to:
(1) the existence of a pattern of
noncompliance with requirements of any applicable law, department standards,
state or federal rules, or department directives;
(2) the nature and severity of any identified
area or areas of noncompliance with requirements of any applicable law,
department standards, state or federal rules, or department
directives;
(3) the nature and type
of notice given by the department to the applicable local school board
regarding the area or areas of noncompliance with requirements of law,
department standards, or department directives;
(4) the opportunity to correct the area or
areas of noncompliance, if correction is possible under the
circumstances;
(5) the extent of
any efforts to correct the area or areas of noncompliance; and
(6) the reasons given by the local school
board for failing to comply with Subsection B of Section
22-2-14
NMSA 1978 or with other requirements of law, department standards, and
department directives, leading to the proposed suspension.
D. If suspension is ordered, the department
shall act in lieu of the suspended local school board, provided that any
expenses or payments associated with the authority delegated by the secretary
to act in lieu of the suspended local school board shall be the responsibility
of the local school board as part of its operational funds.
E. Money budgeted by a local school board
shall be spent first to attain and maintain the requirements for a school
district as prescribed by law and by standards and rules as prescribed by the
department. The department may disapprove instructional units or administrative
functions that it determines to be detrimental to the educational
process.
Notes
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