N.M. Admin. Code § 6.75.2.9 - INSTRUCTIONAL MATERIAL ADOPTION PROCESS

A. Adoption cycle. The department shall conduct an annual summer review institute during which reviewers of record shall review instructional material for alignment with state content standards and benchmarks and other criteria deemed relevant by the department. The department's annual summer review institute shall serve as the primary opportunity for new instructional material to be reviewed and considered for adoption.

(1) Annual review and adoption of new instructional material shall cover those core subject areas with adoption periods expiring at the end of the year in which the review is being conducted.

(2) Instructional material shall be adopted by the department for a period of six years, unless the department determines a need to alter the adoption cycle.

(3) Off-cycle reviews and adoptions of new instructional material may occur at any time the department deems necessary, based on educational need.

(4) Providers submitting core instructional material for off-cycle review shall incur the costs associated with review, as determined by the department.

(5) The department shall notify LEAs of any cycle alterations no later than December 31 of the year prior to the summer review institute.

B. Request for applications.

(1) The department shall issue an RfA annually to solicit submissions of proposed new instructional material. The RfA shall include:

(a) the core subject area(s) for which new instructional material is being considered;

(b) timelines for adoption, requisition, and distribution of adopted instructional material;

(c) length of contracts between the department and approved providers;

(d) criteria for demonstrating research-based effectiveness of instructional material;

(e) instructional material review criteria which shall include but is not limited to the following:

(i) alignment with state standards;

(ii) grade level appropriateness;

(iii) cultural and linguistic relevance; and

(iv) full academic course of study;

(f)processing fee guidelines; and

(g) other terms, conditions, and forms deemed necessary by the department.

(2) Providers shall certify whether each submission is core or supplementary instructional material. The department shall determine whether or not the provider has appropriately categorized each submission and may reclassify material if necessary.

(3) Providers shall submit instructional material for consideration in the format and by the dates set forth by the department.

(4) The department may accept any applications that:

(a) satisfy all criteria outlined in the RfA;

(b) are determined to be advantageous to the state, considering the educational value of the instructional material submitted, cost to the state, and reliability of the provider; and

(c) meet all other factors deemed relevant by the department.

(5) The department may reject any applications that fail to satisfy criteria outlined in the RfA.

C. Review teams.

(1) Each review team shall be composed of reviewers of record and facilitated by department-selected facilitators.

(2) The department shall ensure that reviewers of record are compensated in accordance with Sections 22-15-8 NMSA 1978.

(3) The department shall ensure that reviewers of record receive adequate training and utilize the review forms developed by the department.

D. Review forms. The review forms utilized by reviewers of record shall include the scoring rubric which shall consist of a minimum of two sections.

(1) Section one shall focus on whether or not proposed instructional material aligns with department adopted content standards and shall include scorable performance indicators.

(2) Section two shall focus on the extent to which the proposed instructional material under review:

(a) is culturally relevant, as outlined by the following:

(i) informs culturally and linguistically responsive pedagogy;

(ii) reflects the cultural diversity represented within the community, state, and nation;

(iii) reflects the cultures, languages, and lived experiences of a multicultural society;

(iv) addresses multiple ethnic descriptions, interpretations, or perspectives of events and experiences; and

(v) encourages critical pedagogy.

(b) provides opportunities for both formative and summative assessment;

(c) integrates opportunities for digital learning into the text; and

(d) meets any other criteria deemed relevant by the department.

E. The department may send instructional material through a secondary review process, at its discretion, to ensure scores are valid.

F. The department shall ensure that collaboration occurs with New Mexico pueblos, tribes and designated tribal organizations, pursuant to Section 11-18-3 NMSA 1978 and shall ensure instructional materials for American Indian students enrolled in public schools are culturally relevant pursuant to Section 22-23A-2 NMSA 1978.

G. The department shall appoint community members, parents, level one teachers, and students preparing for careers as teachers to observe the reviewers of record during the review.

H. At the time of review, providers shall provide the department with any hardware, software, or special equipment necessary to review instructional material submitted.

I. Other adoptions.

(1) Other adoptions may be processed at the request of a provider with the approval of the instructional material bureau chief or for other reasons as determined by the instructional material bureau chief.

(2) Other adoptions may be for core instructional material which is reviewed or for supplementary material which may not be reviewed.

(3) Other adoptions shall require a processing fee to vendors of instructional materials not to exceed the retail value of the instructional material submitted for adoption.

J. Substitution.

(1) Providers may submit formal substitution requests to the department for in-adoption instructional material.

(2) Providers wishing to request substitutions shall submit to the department a written request along with justification for the proposed substitution. The department shall allow substitutions of instructional material when it determines:

(a) the proposed substitution is in the best interest of students;

(b) all terms and conditions of the original contract with the provider are still being met; and

(c) the proposed substitution is limited to minor revisions and contains substantially the same material as the previous edition.

K. Pursuant to Sections 22-15-4 NMSA 1978 and 22-15-8 NMSA 1978 the department shall enforce rules that require local school boards to implement a process that ensures parental and community member involvement within the instructional material review process. A local school board shall give written and public notice to families and community members to extend an invitation for participation in the adoption process at the district level.

Notes

N.M. Admin. Code § 6.75.2.9

6.75.2.9 NMAC - Rp, 6.75.2.9 NMAC, 10/15/10, Adopted by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 12/15/2016, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018