N.M. Admin. Code § 18.19.5.118 - INSTRUCTION PERMIT - PURPOSE - CRITERIA
A. For purposes of
18.19.5.118 NMAC:
(1)
"alternative test" means a
test provided by the PED or approved by the PED pursuant to its rules and
procedures and administered in a public school, non-public school or by a home
school operator to measure a student's proficiency in reading and math in the
eighth grade;
(2)
"IDEA" means the Individuals with Disabilities Education
Improvement Act of 2004, which is a comprehensive federal law that addresses
specially designed instruction, at no cost to the parent, to meet the unique
needs of a child with disabilities;
(3)
"IEP" means an
individualized education program, which is a written statement designed to meet
the unique educational needs of a child with a disability that is developed,
reviewed, and revised in accordance with
34 CFR Sections
300.320 through
300.324;
(4)
"minor" means a person under
the age of eighteen (18) years, but at least fifteen (15) years old;
(5)
"nearing an academic proficiency
score in reading and math in the eighth grade" means attaining a minimum
score in reading and math during a student's eighth grade as established by the
laws, rules or procedures of the PED on the New Mexico standards based
assessment;
(6) "New Mexico
standards based assessment" means a system for testing students in various
grades for their proficiency in the subject areas of mathematics, reading and
language arts, writing, science and social studies; pursuant to the Assessment
and Accountability Act 22-2C-1 to 22-2C-11 NMSA 1978 and procedures of the PED,
assessments on various subject areas that include science, mathematics and
reading are administered annually to students in different grades;
(7)
"ninety percent school
attendance" means one of several indicators used pursuant to the
Assessment and Accountability Act 22-2C-1 to 22-2C-11 NMSA 1978 and procedures
of the PED to measure public school improvement, but would not include excused
absences;
(8)
"PED"
means the public education department;
(9)
"Section 504" means Section
504 of the Rehabilitation Act of 1973 29 U.S. Code Section 794 and its
implementing regulations, which provide that "no otherwise qualified individual
with a disability shall, solely by reason of her or his handicap, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance; and
(10)
"Section
504 plan" means the accommodation plan required if the individual has a
mental or physical impairment that substantially limits one or more of the
person's major life activities, including learning, but is not already
receiving special education services under the eligibility requirements of the
IDEA.
B. The director may
issue an instruction permit to a minor under the provisions of Subsection D of
Section 66-5-8 NMSA 1978. In order to
motivate minors to attend school and succeed in their studies, beginning with
applications submitted to the director on or after September 1, 2011, a minor
applying for an instruction permit shall provide evidence of ninety percent
school attendance during their ninth grade year and at least nearing an
academic proficiency score in reading and math in the eighth grade on the New
Mexico standards based assessment or on an alternative test.
C. A minor applying for an instruction permit
must provide the following:
(1) satisfactory
proof of identity number, identity and residency as set forth in
18.19.5.12 NMAC;
(2) proof of attendance in or completion of a
driver education course that includes a DWI prevention and education program
approved by the bureau or offered by a public school;
(3) a school compliance verification form
approved by the director that shall include parental consent for the release of
certain educational information to the director; the school compliance
verification form shall be certified by a school official and signed by a
parent to indicate consent to release the minor's student information to the
director; the form shall certify that the applicant has:
(a) achieved ninety percent school
attendance, not including excused absences, during the ninth grade year or
portion of the ninth grade year prior to applying for the instructional permit;
and
(b) demonstrated at least
nearing an academic proficiency score in reading and math in the eighth grade
on the New Mexico standards based assessment or on an alternative
test.
D. The
school compliance verification form shall permit children with disabilities as
described in the IDEA and in federal and state regulations and children for
whom Section 504 plans are in place to obtain certifications that consider the
effect if any of their disabilities in meeting ninety percent school attendance
during the ninth grade year or portion of the ninth grade year or demonstrating
at least nearing an academic proficiency score in reading and math in the
eighth grade. Any such certification must be based on a written IEP or Section
504 team recommendation contained in the IEP or Section 504 plan of a child
with a disability. In making the recommendation to the person or official who
enters the certification on the school compliance verification form where a
child with a disability fails to satisfy the attendance or proficiency
requirements discussed in this rule, the IEP or Section 504 team shall,
pursuant to rules and procedures of the PED, consider whether a child's
disability affected their ability to satisfy either or both the attendance or
proficiency requirements.
E. In
lieu of a school compliance verification form, an applicant may provide:
(1) proof of graduation from a high school;
or
(2) proof of having received a
general educational development certificate.
F. A minor enrolled in non-public school or
in a home school shall submit satisfactory proof of identity number, identity
and residency as set forth in
18.19.5.12 NMAC, proof of
attendance, and proof of ninety percent school attendance and at least nearing
an academic proficiency score in reading and math in the eighth grade New
Mexico standards based assessment or on an alternative test, as established by
the laws, rules or procedures of the PED. This evidence shall be submitted on a
form approved by the director that shall include parental consent for the
release of certain educational information to the director.
G. Failure to demonstrate ninety percent
school attendance will result in the minor being ineligible to be issued an
instruction permit until six months from the date of application, unless an
administrator of a non-public school or operator of a home school certify to
their non-maintenance of attendance records.
H. Failure to demonstrate nearing an academic
proficiency score in reading and math in the eighth grade New Mexico standards
based assessment or on an alternative test will result in the minor being
ineligible to be issued an instruction permit until six months from the date of
application.
I. Failure to
demonstrate both ninety percent school attendance and nearing an academic
proficiency score in reading and math in the eighth grade New Mexico standards
based assessment or on an alternative test will result in the minor being
ineligible to be issued an instruction permit until one year from the date of
application, unless an administrator of a non-public school or operator of a
home school certify to their non-maintenance of attendance records.
Notes
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