Public school districts, public schools, and educational programs of state institutions shall report information to the department pursuant to Subsection I of Section 22-2-2 NMSA 1978. The quality and content of required reports and of the educational programs represented by the reports will be evaluated by the department for approval or disapproval accreditation status. Pursuant to Subsection F of Section 22-2-2 NMSA 1978, the secretary’s accreditation decision is based upon evidence of the adequacy of student outcomes and activities, organizational effectiveness, staff preparation, and other educational matters such as factors contributing to school index scores. Local school districts, charter schools, and educational programs of state institutions shall follow department guidance in submitting satisfactory reports.

1. A. Annual accreditation review requirements. Local school districts, charter schools, and state institutions shall provide reports to the department, either via the statewide data reporting system or by another method prescribed by the department, of the following requirements:

   1. (1) Board training. Local school districts and charter schools shall submit a report of the training completed in the current fiscal year by each member of the school board as required by Sections 22-5-13 NMSA 1978 or by each member of the charter school governing body as required by Section 22-8B-5.1 NMSA 1978, with the number of hours of training in each area as required by Paragraph (3) of Subsection A of 6.29.1.9 NMAC and Sections 8 and 9 of 6.80.5 NMAC.
   2. (2) Financial audit. Local school districts, charter schools, and state institutions shall submit a report of the previous fiscal year’s financial audit. The report shall include the date the audit was submitted as established in Paragraph (1) of Subsection A of 2.2.2.9 NMAC.
   3. (3) Program plans, budget, and actual expenditures. Local school districts and charter schools shall:
   4. (a) update and submit by a department-assigned due date district-level plans, and, as applicable, all school-level plans pursuant to Section 22-8-6 NMSA 1978 and 6.29.1 NMAC;

   5. (b) update and submit an operating budget that is complete by the department-assigned due date. The budget shall prioritize resources toward proven programs and methods that are linked to improved student achievement and demonstrate parental involvement in the budgeting process, pursuant to Sections 22-8-10 and 22-8-11, NMSA 1978;

      1. (c) budget into the department-directed funding codes at least as much funding for special education, gifted education, and at-risk programs as revenue generated by the corresponding program units, pursuant to Paragraph 2 of Subsection B of Section 22-8-11 NMSA 1978;
   6. (d) ensure that each program generating program units in an operating budget shall meet the requirements of law and the department's rules and procedures, pursuant to Paragraph 2 of Subsection B of Section 22-8-11 NMSA 1978; and
   7. (d) report actual expenditures for each school, pursuant to Subsection F of Section 22-2C-11 NMSA 1978.
   8. (4) School enrollment. Via the statewide data system, local school districts and charter schools shall submit data for each school pursuant to Section 22-8-13 NMSA 1978.
   9. (5) School accountability data. Local school districts and charter schools shall submit to the department student assessment data required by Section 22-2C-11 NMSA 1978 and longitudinal accountability data required by Subsection K of Section 22-1-11 NMSA 1978.
   10. (6) Attendance improvement. Local school districts and charter schools shall submit reports of attendance improvement and absence prevention strategies for each school, including attendance improvement plans submitted to the department no later than 45 days after the beginning of the school year pursuant to Section 22-12A-7 NMSA 1978 of the attendance for success act.
   11. (7) School safety plans. Local school districts and charter schools shall submit school safety plans by the department-determined due date and on a three-year cycle as required in 6.12.6.8 NMAC.
   12. (8) Postsecondary plans. Local school districts, charter schools, and state institutions shall submit to the department a report of all students in grades eight through 12 at each school who have on file a new or updated, complete, and signed individualized next step plan, pursuant to Section 22-13-1.1 NMSA 1978 or an updated individual education plan (IEP) or gifted individual education plan (GIEP) with transition plan that meets next step plan requirements.

   13. (9) Class loads, caseloads, and subjects of instruction. Local school districts, charter schools, and state institutions shall report class loads, caseloads, and instructional subject areas for each school. Charter schools may cite in their report a current, nondiscretionary waiver of department requirements for class load, teaching load, staffing patterns, and subject areas pursuant to Section 22-8B-5 NMSA 1978.

       1. (a) Class loads. The report of the number of students in general education classrooms shall include: the class load for each elementary school teacher and, where applicable, indication of the support of educational assistants; for each school, the average class load for classrooms in grades one, two, and three; for each school the average class load for classrooms in grades four, five, and six; the daily teaching load for teachers in grades seven through 12, indicating those teaching required English courses; and any conditions supporting a request for waiver of class load requirements, pursuant to Subsection G of Section 22-10A-20 NMSA 1978 and Subsection H of 6.29.1.9 NMAC.
       2. (b) Caseloads. The report shall include the student caseloads of school staff providing instruction or services required of students’ individualized education programs (IEPs) and gifted individualized education programs (GIEPs), categorized by level of service pursuant to Subsection I of 6.29.1.9 NMAC.

   14. (c) Counselors. The report shall include the staff-to-student ratios, caseloads, and licensure types for school counselors at each school.

       1. (d) Subject areas. The report shall include the instructional subject areas provided at each school, addressing department-approved content and performance standards. A school or school district failing to meet these minimum requirements shall not receive approved accreditation status. Reports for grades nine through 12 shall include all credit-earning courses that are required or may contribute to student graduation requirements as provided for in Section 22-13-1.1 NMSA 1978, including those that are advanced placement, international baccalaureate, honors, or dual credit courses, and credits earned in the process of completing an industry-recognized credential, certificate, or degree. An assurance that final examinations are administered as part of all credit-earning courses in grades nine through 12 shall accompany the report of instructional subject areas. Reports for kindergarten through grade eight shall include all required instructional areas of Section 22-13-1 NMSA 1978:

          Table 1 Required instructional subject areas in grades K-8 Grades Subjects K-3 daily instruction in mathematics, reading, and language arts skills, including phonemic awareness, phonics, and comprehension 1-3 art music a language other than English science mathematics reading and language arts, including structured literacy instruction social studies physical education health education 4-8 reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year mathematics reading and language arts, including structured literacy instruction language other than English communication skills science art music social studies New Mexico history United States history geography physical education health education electives that contribute to academic growth and skill development and that provide career and technical education. 8 algebra 1 shall be offered in general education classroom settings, online, or by agreement with high schools 6-8 media literacy may be offered as an elective

          Table 1 Required instructional subject areas in grades K-8

          Grades

          Subjects

          K-3

          daily instruction in mathematics, reading, and language arts skills, including phonemic awareness, phonics, and comprehension

          1-3

          art

          music

          a language other than English

          science

          mathematics

          reading and language arts, including structured literacy instruction

          social studies

          physical education

          health education

          4-8

          reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year

          mathematics

          reading and language arts, including structured literacy instruction

          language other than English

          communication skills

          science

          art

          music

          social studies

          New Mexico history

          United States history

          geography

          physical education

          health education

          electives that contribute to academic growth and skill development and that provide career and technical education.

          8

          algebra 1 shall be offered in general education classroom settings, online, or by agreement with high schools

          6-8

          media literacy may be offered as an elective

   15. (10) Tribal consultation, tribal education status reports, student needs assessments.

   16. (a) Local school districts with tribal lands in their boundaries shall include in the report the districtwide tribal education status report provided to tribes and evidence of tribal consultation pursuant to Section 22-23A-7 NMSA 1978 and 6.35.2.13 NMAC;

       1. (b) Historically defined Indian-impacted local school districts and charter schools shall include in the report the most recent student needs assessment, systemic framework, accountability tool, annual evaluation of the systemic framework, any requests to amend the systemic framework or accountability tool, and the public statement as required by Sections 11 and 12 of 6.35.2 NMAC.
       2. (c) Local school districts contemplating opening or closing a school on tribal land for any reason shall include in the report evidence of consultation with tribal leaders and members and families of students who will be eligible to attend the public school pursuant to Section 22-5-4.13 NMSA 1978.
       3. (d) Charter schools contemplating opening or closing a school on tribal land for any reason shall include in the report evidence of negotiation with the tribal government and consultation with leaders, and members and families of students who will be eligible to attend the public school pursuant to Section 22-8B-12.2 NMSA 1978.
       4. (e) A school district or charter school that is required under federal law to consult with tribal entities as a condition of receiving impact aid funds shall include in its report the detailed narrative of its consultations with tribal entities and the results of those consultations as reported in the education plan pursuant to Section 22-8-6 NMSA 1978.
2. B. Citation of any current waivers of educational program requirements shall accompany reports.

[6.19.4.8 NMAC - N, 7/1/2024]