New Mexico Register / Volume XXXVII, Issue 21 / November 3,
2026
NOTICE
OF PROPOSED RULEMAKING
Public Hearing
The New Mexico Public
Education Department (PED) gives notice on Tuesday, November 3, 2026, that it will conduct public hearings for the following
proposed rulemakings on Thursday, December 3, 2026, and Friday, December 4,
2026. The hearing on Thursday, December 3, 2026, will be via Zoom (https://us02web.zoom.us/j/86086504785) and begin at 9:00 am. The hearing on Friday, December 4,
2026, will be in Mabry Hall, located in the Jerry Apodaca Education Building,
300 Don Gaspar Ave., Santa Fe, New Mexico 87501, and begin at 9:00 am. The
public hearings are scheduled until noon and will be extended if necessary.
New rule 6.19.10 NMAC, State Reporting and Data Submission
Repeal of 6.60.9 NMAC, Licensure Requirements, Code of Ethical Responsibility of the Education Profession
Repeal and Replace of
6.64.4 NMAC, Mathematics Endorsement
Repeal and Replace of 6.64.5 NMAC, Science Endorsement
Repeal and Replace of 6.64.10 NMAC, Bilingual Endorsement
New rule 6.68.1 NMAC,
Definitions and General Provisions
Repeal and Replace of
6.68.2 NMAC, Administrative Complaints, Reports, and Investigations
Repeal and Replace of
6.68.3 NMAC, Grant or Denial of License Applications
New rule 6.68.4 NMAC,
Suspension, Revocation, or Other Disciplinary Action Regarding a Department
Issued License
New rule 6.68.5 NMAC,
Reserved - Unlicensed Educators & Equitable Relief
New rule 6.68.6 NMAC,
Disqualifying Convictions
New rule 6.68.7 NMAC, Code
of Ethical Responsibility
New rule 6.68.8 NMAC,
Standards of Professional Conduct
New rule 6.68.9 NMAC,
Declaratory Rulings
The
PED will give a verbal summary statement, on record, at the hearing.
The purpose of the public
hearing is to receive public input on the proposed rulemakings. Attendees who
wish to provide public comments on the record will be given three minutes to
make a statement concerning the proposed rulemaking. To submit written comments,
please see the Public Comment section of this notice.
Explanation of Purpose of
Rulemaking, Summary of Text, and Statutory Authority
6.19.10 NMAC, State
Reporting and Data Submission
Explanation: This
rule establishes uniform requirements and timelines for the submission,
review, validation, and correction of data required from schools or school
districts; to establish procedures for resolving data discrepancies; and to
establish consequences for failure to timely submit, review, or correct
required data.
Summary: The
proposed rule would establish uniform deadlines for schools and school
districts to submit, review, and validate required data through the state
reporting system. Schools and school districts will be required to submit the
necessary data each statutory reporting period, followed by a 10-working-day
validation period with the Public Education Department. The rule establishes
procedures for late or inaccurate submissions and authorizes funding
consequences, including withholding of funds as permitted by statute.
Statutory Authority: Sections 9-24-8, 22-1-2, 22-2-1, 22-2-2, 22-8-13, 22-8-13.3, 22-8-17, and 22-8-23 NMSA 1978
6.60.9 NMAC, Licensure
Requirements, Code of Ethical Responsibility of the Education Profession
Explanation: Repeal
6.60.9 NMAC because its contents are moving to 6.68.7, Code of Ethics for
Educators and 6.68.8, Standards of Professional Conduct.
Summary: The
proposed repeal of 6.60.9 NMAC would relocate its contents to 6.68.7 NMAC, Code
of Ethics for Educators, and 6.68.8 NMAC, Standards of Professional Conduct,
consolidating these requirements within the chapter governing educator
misconduct and licensure enforcement.
Statutory Authority: N/A
6.64.4 NMAC, Mathematics Endorsement
Explanation: This repeals and replaces the competencies for math teachers to align with the current competencies implemented by the department for mathematics endorsements; including taking six credit hours of mathematics methods courses.
Summary: The proposed rulemaking replaces outdated teacher competencies, last updated in 2001, with specific competencies for math teacher endorsements that align with current national math teaching standards and department practice. It also organizes these competencies into two distinct sections delineating math teachers’ required “Content Knowledge and Skills” and “Pedagogical Knowledge for Teaching Mathematics.” It also clarifies distinctions between competencies for licensure and those for subject-area endorsement, by removing language related to elementary (K-8) licenses, as the department does not issue endorsements for core subjects on initial elementary teaching licenses. It also clarifies the implementation process for PED-approved preparation programs. The proposed rulemaking also revises the title of Chapter 64 to “School Personnel – Licensure Endorsements” and the Part 4 name to “Mathematics Endorsement.”
Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, 22-10A-3, and 22-10A-6 NMSA 1978
6.64.5 NMAC, Science Endorsement
Explanation: This repeals and replaces the competencies for science teachers to align with the current competencies implemented by the department for science endorsements.
Summary: The proposed rulemaking replaces outdated teacher competencies, last updated in 2006, with specific competencies for science teacher endorsements that align with current national science teaching standards and department practice. It also organizes these competencies into two distinct sections delineating science teachers’ “Content Knowledge and Skills” and “Pedagogical Knowledge for Teaching Science.” It also clarifies distinctions between competencies for licensure and those for subject-area endorsement by removing language related to elementary (K-8) licenses as the department does not issue endorsements for core subjects on initial elementary teaching licenses. It also clarifies the implementation process for PED-approved preparation programs. The proposed rulemaking also revises the title of Chapter 64 to “School Personnel – Licensure Endorsements” and the Part 5 name to “Science Endorsement.”
Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, 22-10A-3, and 22-10A-6 NMSA 1978
6.64.10 NMAC, Bilingual Endorsement
Explanation: This
rulemaking repeals and replaces the requirements and competencies for bilingual
teaching endorsements to revert requirements to their form that existed before amendments
promulgated by the February 10, 2026’s rulemaking, with a few minor modifications.
Summary:
The
proposed rulemaking would revert core licensure requirements for bilingual
endorsements and competencies for bilingual education teachers to their previous
form before the rule was repealed and replaced in February 2026. The reversion
would remove the possibility for teachers to receive a bilingual endorsement in
languages other than English and Spanish and reinstate the Prueba
de Español para la Certificación Bilingüe
as the sole available bilingual licensure exam option. It would remove several
defined terms previously added to the required competencies list but would leave
in place several minor technical, grammatical, and wording changes made in the
February update. The rulemaking would not reinstate the option for educator
preparation students to receive a three-year non-renewable internship license
in bilingual education, as that type of license is no longer offered by the
department.
Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, and 22-10A-31
NMSA 1978
Explanation of Rulemaking
for Chapter 68:
The
proposed rulemakings are part of a broader department project to further effectuate
the department’s statutory authority and duty to receive educator license
applications, grant and issue educator licenses, receive and investigate
complaints against educators, where appropriate, take adverse action against any
educator, and to issue declaratory rulings without taking adverse action. These
proposed changes also seek to align rule with current practice and law, to
incorporate the changes required by HB431
(2019) (1st Session), HB128 (2022) (2nd Session), HB191(2022) (1st
Session), HB384 (2023) (1st Session), SB383 (2023) (1st
Session), and SB66 (2025) (1st Session), to move New Mexico to the
national association of state directors of teacher education and
certification's clearinghouse’s MCEE 2nd Edition (2023-2024), to incorporate the national association of
state directors of teacher education and certification's clearinghouse’s model
protection of professional boundaries act, to
address enhancements requested by stakeholders which absent regulatory
promulgation may conflict with current practice and law, including the ability for
the department to consider and grant licensure applications while an
investigation is pending, the ability for hearing officers to incorporate and
advise upon both mitigating and aggravating facts, and to ensure jurisdiction
is retained during any investigation. This rule also seeks to clarify and
address confusing concepts, terms, and procedures, to establish both the
authority to and the procedures for receiving complaints and conducting
investigations, and to drive efficiencies and promote due process by amongst
other things, capturing all mandatory reporting requirements in a single chapter
rather than in various, by including all grounds and cause for adverse action
in a single chapter, by defining those convictions which are disqualifying for
educator licensure, and decoupling and separating the Model Code of Educator
Ethics (MCEE), which are not enforceable against an educator, from the
Standards of Professional Conduct which are enforceable against an educator.
6.68.1 NMAC, Definitions
and General Provisions
Explanation: This
rule defines the applicable terms and general provisions for Title 6, Chapter
68, Complaints, Investigations, Discipline and Hearing Procedures.
Summary: The proposed rule would provide definitions to be used
for terms used throughout Title 6, Chapter 68.
These terms, exclusive of any subentries, are applicant, application,
administrative investigator, administratively close, administrative prosecutor,
adverse action, bullying, child abuse and neglect, complaint form, corporal
punishment, cyberbullying, educator, educator misconduct, grooming, grounds,
governing authority, investigator, licensee, licensure, notice of contemplated
action, notice of investigation, party, reporter, school, sexual conduct,
sexually explicit, superintendent,
unlicensed person, and unsupervised contact with children or students. The rule also provides general provisions
applicable to Chapter 68, including establishing the department units
responsible for implementing the Chapter, how the chapter should be interpreted
and applied, establishing the various ground for adverse action, and directing
the units to take all appropriate measures to ensure the widest dissemination
of the chapter and any decision and order as a result of the chapter. These mandates on dissemination were
previously contained with Title 6, Chapter 60, Part 9, Section 11 which is
being repealed.
Statutory Authority: Section 9-24-8 NMSA 1978; Sections 22-1-1.1, 22-1-1.2,
and 22-1-2 NMSA 1978; Section 22-2-1
NMSA 1978; Section 22-2-2 NMSA 1978;
Section 22-8-42 NMSA 1978; Sections 22-5-4.3 and 22-5- 4.12 NMSA 1978, Sections
22-10A-2, 22-10A-3, 22-10A-4, 22-10A-5, 22-10A-5.1, 22-10A-5.2, 22-10A-30, and
22-10A-31 NMSA 1978; Section 22-21-1 NMSA 1978; Sections 22-35-2 and 22-35-3
NMSA 1978; Sections 28-2-4 and 28-2-5 NMSA 1978; the Children’s Code, Chapter
32A NMSA 1978; the Parental Responsibility Act, Chapter 40, Article 5A NMSA
1978; and the Uniform Licensing Act, Chapter 61, Article 1 NMSA 1978. The
statutory authority cited in this section applies to all parts of Title 6,
Chapter 68 NMAC.
6.68.2 NMAC, Administrative
Complaints, Reports, and Investigations
Explanation: This rule provides the department’s procedures and
authority for administrative complaints, required reporting, and investigations
into any such matters.
Summary: The proposed rule would establish the duty and authority
for the department to conduct educator misconduct investigations, defining when
such an investigation should take place, or alternatively, when such
investigations should be declined, and what adverse actions may be taken by the
department upon conclusion of an investigation.
The rule also establishes procedures for such investigations, clarifies
the duty and time for mandatory reporting by educators, including
superintendents, establishes the responsibility and duty to provide certain
information to the department and to cooperate in any investigation, sets out
the department’s investigative subpoena power, and provides that educators
faced with allegations of misconduct, not yet proven or tested by an
investigation, may continue to submit applications for and receive further
licensure, including endorsement, or advancement. This repeals, replaces, expands upon, and
renumerates those provisions that were contained within Title 6, Chapter 68,
Part 3, Section 8.
Statutory Authority: In addition to the statutory authority cited in 6.68.1.3
NMAC, the following apply to this part: Sections 22-5-4.4 and 32A-4-3 NMSA
1978.
6.68.3 NMAC, Grant or
Denial of License Applications
Explanation: This rule governs the licensure application process of
all licenses and certificates issued by the department, as well as the grant or
denial of such applications.
Summary: This rule sets out the procedures for the department
licensure application process, including those procedures for denial of a
license application. This rule
substantively repeals and replaces, and re-enumerates Title 6, Chapter 68, Part
2 (moving from Part 2 to Part 3). The
rule provides for how applications may be submitted to the department and when,
what requirements the department requires before reviewing an application,
establishes that failure to submit an application will result in licensure
expiration, provides those circumstances for when a an applicant is not
entitled to a hearing, and any procedures thereof, those circumstances when an
applicant may be entitled to a hearing and any procedures thereof, including
the manner in which an applicant may request a hearing, when an applicant may
request a hearing, the manner and procedures for providing a hearing, including
appointment of a hearing officer, the rights of an applicant, the respective
burdens of proof, and rules of evidence, rights to subpoena or obtain discovery
into relevant witnesses, and documents, the post hearing procedures for
briefing and preparing proposed findings to the Secretary, and the procedures
in which the Sectary shall review, and render a final decision and order. This rule reiterates and restates the law
that the secretary is not an appellate reviewer of a hearing officer’s findings
but rather is ultimately responsible for issuing a final decision and order
relative to possible adverse action against an applicant’s educator licensure.
Statutory Authority: In addition to the statutory authority cited in 6.68.1.3
NMAC, the following apply to this part: Sections 22-10A-7, 22-10A-8, 22-10A-10,
22-10A-11, 22-10A-11.1 through 22-10A-11.9, 22-10A-12, 22-10A-12.1, 22-10A-13,
22-10A-15, 22-10A-17, 22-10A-17.1, 22-10A-17.2, and 39-3-1.1 NMSA 1978.
6.68.4 NMAC, Suspension,
Revocation, or Other Disciplinary Action Regarding a Department Issued License
Explanation: This rule is adopted by the department to
govern the procedures for suspension, revocation or other disciplinary actions
regarding a license or certificate issued by the department.
Summary: This rule sets out the procedures for adverse action
against an existing license, including suspension, revocation or other
disciplinary action. This rule substantively repeals and replaces, and re-enumerates
Title 6, Chapter 68, Part 3 (moving from Part 3 to Part 4). This rules provides for when the department
may contemplate adverse action, establishes that applicant is entitled to a
hearing, and any procedures thereof, including the manner in which an applicant
may request a hearing, when an applicant may request a hearing, the manner and
procedures for providing a hearing, including appointment of a hearing officer,
the rights of a licensee, the respective burdens of proof, and rules of
evidence, rights to subpoena or obtain discovery into relevant witnesses, and
documents, the post hearing procedures for briefing and preparing proposed
findings to the Secretary, the procedures in which the Sectary shall review,
and render a final decision and order, establishing a right to settle or accept
a voluntary surrender, and enshrining the right appeal any adverse decision and
order. This rule reiterates and restates the law that the secretary is not an
appellate reviewer of a hearing officer’s findings but rather is ultimately
responsible for issuing a final decision and order relative to possible adverse
action against a licensee’s educator licensure.
Statutory Authority: In addition to the statutory authority cited in 6.68.1.3
NMAC, the following applies to this part: Section 39-3-1.1 NMSA 1978.
6.68.5 NMAC, Reserved -
Unlicensed Educators & Equitable Relief
Explanation: This Part is being reserved for further rules to
effectuate and clarify Subsection B of Section 22-2-1, NMSA 1978; Subsection A
and C of Section 22-2-2 NMSA 1978,;Subsection L-N of
Section 61-1-3.1 NMSA 1978; and Sections 61-1-3.2, 61-1-24, and 61-1-25, NMSA
1978.
Summary: Section 61-1-3.2, NMSA 1978, amongst others, provides
that unlicensed persons shall be “subject to disciplinary proceedings” by the
department. The department wishes to
reserve, for future promulgation, rules to further effectuate this provision,
and to effectuate others, including those related to equitable relief.
Statutory Authority: N/A
6.68.6 NMAC, Disqualifying
Convictions
Explanation: The rule establishes a list of criminal convictions which
shall constitute grounds for denial of an application for licensure issued by
the department and grounds to suspend or revoke licensure issued by the
department.
Summary: Section 28-2-5, NMSA 1979 exempts the department from the
requirements of the criminal offender employment act for applicants. Section
61-1-36, NMSA 1978nonetheless provides that the department shall develop a list
of the specific criminal convictions that would disqualify an applicant. The department is not exempt from the
criminal offender employment act for licensees but Section 28-2-4 NMSA 1978 provides that any
criminal conviction that directly relates to education shall be
disqualifying. This rule therefore
provides a list of those criminal convictions which are disqualifying for both
applicants and licensees, and determines how and in what manner convictions may
be used in the evaluation of any applicant or licensee.
Statutory Authority: In addition to the statutory authority cited in 6.68.1.3
NMAC, the following apply to this part: Sections 28-2-4, 28-2-5, 31-29-2,
31-29-9, and 61-1-36 NMSA 1978.
6.68.7 NMAC, Code of
Ethical Responsibility
Explanation: The department seeks to make ethical values and ethical
leadership an integral part of the day to day activities of schools, and holds
all persons within the scope of this rule accountable for adhering to minimal
standards of accepted professional conduct and ethical behavior. The department
accepts the recommendations of its professional practices and standards council
and the ethics subcommittee that a code of ethics and standards of professional
conduct applicable to the education profession will infuse the learning
environment with choices and values designed to assist in shaping young minds
into educated, responsible citizens.
Summary: This
rule sets out and reaffirms the department’s code of ethical
responsibility. This rule repeals, replaces
and re-enumerates the prior code of ethical responsibility set out in Title 6,
Chapter 60, Part 9, Section 8. This code
of ethical responsibility aligns with the model code of educator ethics (MCEE)
published by the national association of state directors of teacher education
and certification's clearinghouse.
Specifically, this moves New Mexico to the MCEE 2nd Edition
(2023-2024). Language contained within
the rule which previously restricted violations of the standards of
professional conduct as grounds for adverse action and which provide that the
code of ethical responsibility may not be used as grounds for adverse action
have been amended only to the extent it further clarifies this principle.
Statutory Authority: The statutory
authority cited in 6.68.1.3 NMAC applies to this part.
6.68.8 NMAC, Standards of
Professional Conduct
Explanation: This
rule seeks to provide minimum standards of conduct expected for all licensed
educators in New Mexico.
Summary: This
rule sets out and reaffirms the department’s standards of professional conduct
violations of which primarily are the cause for any adverse actions including
revocation, and which violations comprise possible grounds for discipline as an
example of “other good and just cause.”
This rule repeals and replaces, and re-enumerates the Standards of
Professional Conduct set out in Title 6, Chapter 60, Part 9, Section 9,
paragraphs B-C. This also reiterates the
department finding that adherence to the standards of professional conduct have
a significant bearing on an educator’s turpitude or the proper performance of
their duties. While both the code of ethics and standards of professional
conduct are intended to provide a valuable framework of personal ethics to
assist educators and administrators in their interaction with colleagues,
students and parents, the standards of professional conduct establish minimal
standards of acceptable professional conduct applicable to and which all
educators are required to comply.
Substantive changes include increasing the standards of
conduct from 32 standards to 38 standards, adopting statutory and regulatory
prohibitions on improper grade changes, drug, alcohol, firearm, and tobacco use
ins schools, improper testing practices, removes conflicting reporting
requirements, clarifies what it means to
engage in obstruction, and adopts and integrates the national association of
state directors of teacher education and certification's clearinghouse’s model
protection of professional boundaries act (revising the previous 60.9.9(B)(7)
NMAC), to include a prohibition on sexual conduct and grooming. Consistent with the model act, the
prohibitions on improper contact also extend for two years after a student
graduates or leaves a school.
The categories which previously grouped the standards of
misconduct into either duty to the student or duty to the profession have been
removed as these groupings did not align to either the 1st edition
or 2nd edition MCEE and some of these newer standards concerned both
a duty to student and a duty to the profession.
Statutory Authority: The statutory authority cited in 6.68.1.3 NMAC
applies to this part.
6.68.9 NMAC, Declaratory
Rulings
Explanation: This rule applies to administrative
declaratory rulings issued by the department and any application thereto. This rule does not apply to declaratory
judgments issued by a court of law and any application thereto.
Summary: This
rule establishes procedures for seeking and applying administrative declaratory
rulings and for department issued declaratory rulings which may be used to
clarify the rights relating to licensur but which may
not in themselves constitute adverse action against an educator. This allows the department to establish
prohibited conduct prior to or after an investigation short of adverse action
and to establish the department’s position on certain facts or conduct.
Statutory Authority: In
addition to the statutory authority cited in 6.68.1.3 NMAC, the following
applies to this part: Section 61-1-33 NMSA 1978.
No technical information served as a basis for these
proposed rule changes.
Public
Comment
Interested
parties may provide comments at the public hearing or may submit written
comments by mail or e-mail.
Mailing
Address
Policy
and Legislative Affairs Division
New
Mexico Public Education Department
300
Don Gaspar Avenue, Room 121
Santa Fe, New Mexico 87501
E-Mail Address
Rule.Feedback@ped.nm.gov
Written comments must be received no later than 5 p.m.
(MDT) on Friday, December 4, 2026. The PED encourages early submission of
written comments.
Public
Comment Period
The public comment period is from Tuesday,
November 3, 2026, to Friday,
December 4, 2026, at 5:00 p.m. (MDT). The PED will review all
feedback received during the public comment period and issue communication
regarding a final decision of the proposed rulemaking at a later date.
Copies of the proposed rule may be obtained from
Denise Terrazas at (505) 470-5303 during regular business hours or may be
accessed through the PED Policy and Legislative Affairs webpage titled,
“Proposed Rules,” at http://webnew.ped.state.nm.us/bureaus/policy-innovation-measurement/rule-notification/.
Individuals with disabilities who require the
above information in an alternative format or need any form of auxiliary aid to
attend or participate in the public hearing are asked to contact Denise
Terrazas at (505) 470-5303 as soon as possible before the date set for the
public hearing. The PED requires at
least 10 calendar days advance notice to provide any special accommodations
requested.