New Mexico Administrative Code Title 6 - PRIMARY AND SECONDARY EDUCATION
Overview: New Mexico Administrative Code Title 6 — Primary and Secondary Education
Title 6 of the NMAC governs the rules and regulations related to primary and secondary education in New Mexico. This title is primarily administered by the New Mexico Public Education Department (PED), which oversees public schools, sets educational standards, and implements state and federal laws related to K-12 education.
Purpose and Scope of Title 6
The purpose of Title 6 is to:
Establish statewide standards for curriculum, instruction, and assessment in primary and secondary schools.
Regulate school operations, governance, and administration.
Define requirements for student enrollment, attendance, and discipline.
Set standards for teacher certification and professional conduct.
Ensure compliance with federal education laws such as the Individuals with Disabilities Education Act (IDEA) and Every Student Succeeds Act (ESSA).
Promote equal access to education and safeguard student rights.
Key Areas Covered in Title 6
1. Curriculum and Instruction
Defines required subjects and instructional hours.
Establishes academic standards and graduation requirements.
Provides for special education services and accommodations.
Includes rules for bilingual and multicultural education.
2. School Governance
Rules for the organization and operation of local school districts.
Requirements for school boards, administration, and community involvement.
Procedures for school accreditation and accountability.
3. Student Enrollment and Attendance
Procedures for enrolling students in public schools.
Compulsory attendance laws and truancy rules.
Attendance reporting and exemptions.
4. Student Rights and Discipline
Guidelines for student behavior and disciplinary actions.
Protections against discrimination, harassment, and bullying.
Procedures for suspension, expulsion, and due process rights.
5. Teacher Certification and Professional Standards
Requirements for educator licensure and renewal.
Standards of professional conduct and ethics.
Procedures for addressing misconduct or incompetence.
6. Testing and Accountability
Implementation of statewide standardized testing.
Use of assessment data for school performance evaluations.
Procedures for school improvement plans and corrective actions.
Administrative Procedures and Enforcement
The PED enforces compliance through monitoring, audits, and investigations.
Schools and districts may face sanctions, including loss of accreditation or funding for violations.
Title 6 includes administrative hearing procedures for disputes involving certification, disciplinary actions, or compliance issues.
Interaction with Case Law
Judicial decisions related to Title 6 generally focus on:
1. Due Process in Student Discipline
Courts emphasize that students facing suspension or expulsion must be given notice and an opportunity to be heard.
The level of process required varies by the severity of the sanction.
Case principle:
Schools must balance maintaining order with protecting student constitutional rights under the Fourteenth Amendment.
2. Equal Access and Discrimination Claims
Cases address whether schools have adequately accommodated students with disabilities under IDEA.
Litigation may arise over alleged violations of Title VI (race discrimination) or Title IX (sex discrimination).
3. Teacher Certification and Employment
Disputes involving revocation or denial of teacher licenses often focus on procedural fairness.
Courts review whether PED followed proper administrative procedures and whether findings are supported by evidence.
4. Accountability and Accreditation
Legal challenges sometimes question PED’s decisions on school accreditation or funding based on performance.
Courts generally defer to PED’s expertise but require adherence to statutory and procedural mandates.
Hypothetical Case Example
A student is suspended for alleged bullying without a formal hearing.
The student’s parents sue, arguing lack of due process under Title 6 regulations.
The court finds the school failed to provide adequate notice and opportunity to respond, ordering the suspension to be reconsidered with proper procedures.
Summary
New Mexico Administrative Code Title 6 provides a comprehensive regulatory framework for primary and secondary education in New Mexico, including:
Academic standards and curriculum guidelines.
School governance and operational rules.
Student rights and disciplinary procedures.
Teacher certification requirements.
Accountability mechanisms.
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