N.M. Admin. Code § 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.
Notes
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