6.42.2.12

RESOLUTION PROCESS

1. A. When boundary disputes arise between local boards, which cannot be resolved, a resolution process is available through the public education department.
2. B. Local boards may request that public education department conduct a study of the issues relating to the boundary dispute and provide written recommendations for resolving the disputes.
3. C. A local board may file a written complaint with the public education department after all efforts to negotiate a resolution to the boundary dispute have failed.
4. D. The public education department, following a complete review of the issues related to a transportation boundary complaint, shall render an opinion in writing to the local boards of education. The opinion shall specify whether conditions exist which require a transportation boundary agreement based on the criteria set forth in this rule.
5. E. If local boards of education are unwilling or unable to negotiate a transportation boundary agreement consistent with the opinion of the public education department, the public education department shall develop a temporary transportation boundary amendment. The local boards of education shall comply with the requirements set forth in the temporary transportation boundary amendment. The temporary transportation boundary amendment shall be reviewed annually by the public education department. The temporary transportation boundary amendment shall be rescinded when the public education department determines that the conditions requiring the amendment no longer exist.

6. F. The decision of public education department shall be final.

   [12-31-98; 6.42.2.12 NMAC - Rn, 6 NMAC 9.3.1.12, 05-31-01; A, 11-13-09]

   HISTORY OF 6.42.2 NMAC:

   PRE-NMAC HISTORY: The material in this regulation was derived from that previously filed with the State Records Center and Archives under State Board of Education Regulation 95-9, Temporary Transportation Boundary Agreements, filed September 18, 1995.