Current through Register Vol. 33, No. 7, April 5, 2022

A. In order to participate in distance-learning courses, a public school student must be enrolled in a public school district, charter school, state institution or educational program conducted in a state institution and must have the written permission of the student's enrolling district, charter school, state institution or educational program conducted in a state institution.
B. School districts and charter schools providing distance-learning courses to students statewide shall enter into written agreements with students' enrolling districts or charter schools prior to providing distance-learning courses to students. The agreements shall, at a minimum, include:
(1) the courses to be delivered;
(2) the delivery period;
(3) the financial arrangements;
(4) support mechanisms needed in behalf of students;
(5) state assessment responsibilities on behalf of students;
(6) identification of the responsible entity and timelines for granting grades and credit; and
(7) a statement of assurance that all distance learning courses meet or exceed state content standards with benchmarks and performance standards and are taught by highly-qualified teachers.
C. If a student participates in a distance learning course offered by a district or charter school other than the student's enrolling district, the student shall be counted only once as a qualified student for state equalization guarantee funding purposes as defined in 22-8-2 NMSA 1978, and for determining membership in the student's enrolling district. Any reimbursement for cross-district participation for distance learning courses shall be arranged between the districts or charter schools through signed written agreements.
D. Qualified distance learning students participating in asynchronous distance learning courses must log on to their distance learning courses at least the same number of days per week as the traditional face-to-face classes occur at the schools in which they are enrolled, and certify that they are the enrolled students. Students participating in synchronous distance learning courses shall log on to their computers at the scheduled class times and certify that they are the enrolled students.
E. Each qualified distance learning student participating in a distance learning course or program shall be evaluated, tested and monitored and shall be subject to the statewide assessments as required in the Assessment and Accountability Act. No student shall be allowed to participate in the statewide assessments at a place other than a department authorized site.
F. A qualified distance learning student may participate in and receive credit or a grade for a distance learning course that is at a different grade level than the student's current grade level. If allowed by district policy, a student may retake a course to earn a higher grade. However, credit cannot be earned twice for the same course.
G. Students enrolled in nonpublic schools and home school students may participate in distance learning courses as provided in section 11 of 6.30.8 NMAC.


N.M. Code R. § NMAC - Rp, NMAC, 9-30-08

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