N.M. Code R. § 6.69.8.12 - APPEAL OF EFFECTIVENESS EVALUATIONS

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

A. A school district shall adopt procedures for permitting expedited review for the purpose of a licensed school employee requesting an exemption from being rated during a given school year under the school district's EES based only upon extraordinary circumstances.
B. The procedures shall require a written appeal to be submitted to the appellate reviewer within no more than 15 calendar days of receipt of a written notice that the licensed employee's performances deficiencies have not been satisfactorily corrected.
C. Appeals shall be received in a manner that permits verification of the date of receipt.
D. The person who evaluated the licensed school employee shall not be same person who receives and determines the appeal.
E. An exemption from the provisions of this rule can only be granted for one school year based upon extraordinary circumstances, which shall consist of:
(1) a licensed school employee's not having performed services during an entire school year, excluding days out for approved leave and school holidays or closure days, for reasons beyond the employee's control;
(2) a licensed school employee's not being able to perform services for extended periods during a school year due to documented medical reasons of the employee or of the employee's spouse, live-in partner or a child;
(3) a licensed school employee's not being able to perform services for extended periods during a school year due to the death of the employee's spouse, live-in partner or a child; or
(4) a licensed school employee's not having been afforded a full 90 days to demonstrate growth in performance for any reason including the employee's own illness, provided that it shall be the employee's burden to provide verification of not being afforded the full 90 days.
F. All decisions on appeals rendered under this section shall be final and not further reviewable by anyone else at the school district or by the PED.

Notes

N.M. Code R. § 6.69.8.12
6.69.8.12 NMAC - N, 08-30-12, Adopted by New Mexico Register, Volume XXVIII, Issue 15, August 15, 2017, eff. 8/15/2017

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