New Mexico Register / Volume XXXVII, Issue 20 / October 20,
2026
NOTICE
OF PROPOSED RULEMAKING
Public Hearing
The New Mexico Public Education Department (PED) gives
notice on Tuesday, October 20, 2026, that it will conduct
public hearings for the following proposed rulemakings on Thursday, November 19,
2026, and Friday, November 20, 2026. The hearing on Thursday, November 19,
2026, will be via Zoom (https://us02web.zoom.us/j/83883186299) and begin at 9:00 am. The
hearing on Friday, November 20, 2026, will be in the Willie Ortiz Auditorium,
2600 Cerrillos Road, Santa Fe, NM 87505, and begin at 9:00 am. The public
hearings are scheduled until noon and will be extended if necessary.
New rule 6.11.3 NMAC,
Student Data Privacy
Amendment to 6.19.4 NMAC, Accreditation
Procedures
New rule 6.30.14 NMAC, Mathematics
Instructional Leadership Framework, Instruction, Interventions, Screening and
Professional Learning
Amendment to 6.30.17 NMAC,
Structured Literacy Instruction, Interventions, and Professional Development
New rule 6.30.20 NMAC, Organization
of Grade Levels, Reorganization, and Approval by the Secretary
Amendment to 6.65.2 NMAC,
Professional Learning Framework
New rule 6.69.1 NMAC, Definitions
and General Provisions
Repeal and replace of
6.69.2 NMAC, Competency Areas and Elements for Teachers
Repeal and replace of
6.69.3 NMAC, Competency Areas and Elements for Site Administrators
Repeal and replace of
6.69.4 NMAC, Competency Areas for Licensed School Staff Other Than Teachers and
Site Administrators
Repeal and replace of
6.69.5 NMAC, Evaluation Cycle, Evidence, and Rubrics
Repeal and replace of
6.69.6 NMAC, Unsatisfactory Work Performance of Licensed School Personnel
Repeal of 6.69.7 NMAC, Performance
Evaluation Requirements for Principals and Assistant Principals
Repeal of 6.69.8 NMAC, Teacher
and School Leader Effectiveness
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
6.11.3 NMAC, Student Data
Privacy
Explanation: Establish
student data privacy and security requirements for contracts between education
technology vendors and PED, school districts, and charter schools, including
limitations on vendor use and disclosure of student information and
requirements for data security, retention, and destruction.
Summary: The
proposed new rule would establish student data privacy and security
requirements for contracts between education technology vendors and PED, school
districts, and charter schools. It would restrict vendors’ access to and use of
student data, including its use for targeted advertising, student profiling,
disclosure to third parties, or commercial purposes. Vendors would also be
required to follow defined retention and destruction procedures, undergo
privacy and security assessments before contracting, report unauthorized
disclosures or access, and protect de-identified and aggregate data from
re-identification.
Statutory
Authority: Sections 9-24-8, 22-2-1,
and 22-2-2 NMSA 1978; the Assessment and Accountability Act, Chapter 22,
Article 2C NMSA 1978; and the Family Educational Rights and Privacy Act, 20
U.S.C. Section 1232g and 34 CFR Part 99.
6.19.4 NMAC, Accreditation Procedures
Explanation: Update public school
accreditation procedures and annual accreditation-review requirements to
reflect current department requirements for budgeting, reporting,
instructional, financial, and school reorganization and remove obsolete
provisions.
Summary: The proposed amendment
would acknowledge that a public school’s accreditation status to be determined
separately from its district’s status. It would revise the annual review
requirements to address whether budgets and expenditures align with state
funding, whether schools and districts can meet their financial obligations,
and whether instructional time is accurately budgeted, reported, and
implemented. The amendment would also incorporate compliance
with special education and distance-learning requirements, address unapproved
organizational changes, update required instructional subject areas, clarify
the approval requirements for accrediting entities, and remove an outdated
restriction involving school-based early childhood programs.
Statutory Authority: Sections 9-24-8, 12-6-1, et seq., 22-1-11, 22-2-1,
22-2-2.1, 22-2-2, 22-2-8.1, 22-2-14, 22-4-3, 22-5-4.13, 22-5-13, 22-8-6,
22-8-11, 22-8-13, 22-8-13.1, 22-8B-5, 22-8B-12.2, 22-8-19, 22-13-1, 22-13-1.1,
22-13-14, 22-23A-7, and 24-5-4 NMSA 1978, and Section 1111(c)(4)(E) of the
federal Every Student Succeeds Act.
6.30.14 NMAC, Mathematics
Instructional Leadership Framework, Instruction, Interventions, Screening and
Professional Learning
Explanation: This
promulgates a new rule to satisfy the statutory requirements enacted with
Senate Bill 29 from the 2026 legislative session. The proposed rulemaking
establishes the mathematics professional learning, screening, and intervention
requirements for public schools.
Summary: The
proposed rulemaking establishes a department-approved mathematics instructional
leadership framework that outlines the requirements and criteria for public
schools’ mathematics professional learning plans. It establishes requirements
for schools to implement department-approved mathematics screening assessments
in kindergarten through grade three and implementation of mathematics student
support plans for any student demonstrating mathematics difficulty per screener
assessment results. It also establishes parent or legal guardian notification
requirements for students demonstrating mathematics difficulty in kindergarten
through grade three.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-15E-2, 22-15E-3, 22-15E-7, and 22-15E-8 NMSA 1978
6.30.17 NMAC, Structured
Literacy Instruction, Interventions, and Professional Development
Explanation: This
proposed rule serves to meet the statutory requirements enacted with Senate
Bill 37 from the 2026 legislative session and better aligns with current
department guidance.
Summary: Amends
existing parent notification requirements for students in kindergarten through
grade 3 to include read-at-home plans. It modifies the screening and
intervention requirements to include characteristics of dyslexia and reading
difficulties and revises intervention requirements accordingly. It also amends the
requirements for public school literacy plans to align with current department
guidance and science of reading requirements. Lastly, it adds requirements for
placement of department-assigned literacy coaches in schools performing in the
bottom quartile of reading proficiency state-wide and specifications for
coaching activities.
Statutory Authority: Sections 9-24-8,
22-2-2, 22-15G-1 through 22-15G-5, and 22-36-5 NMSA 1978
6.30.20 NMAC, Organization
of Grade Levels, Reorganization, and Approval by the Secretary
Explanation: This rule establishes a consistent
process for Department approval of changes to a local education agency’s
organizational structure. The rule is intended to ensure changes are consistent
with educational adequacy, fiscal accountability, equity, and applicable state
and federal requirements, and establishes consequences for implementing changes
without required approval.
Summary: The
proposed rulemaking sets the requirements and procedures for the notification,
review, approval, implementation, and departmental recognition of changes to
the organizational structure of local school districts and charter schools,
including the establishment, reorganization, closure, relocation, or
discontinuation of public schools and educational programs; changes to grade
configurations and attendance areas; and changes to distance learning schools
and programs.
Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, 22-5-4.13, and 22-8B-12.2 NMSA 1978.
Chapter 064 Name Changes
Explanation: As part of the department’s broader licensure rulemaking
project, the title of Chapter 64 NMAC and the titles of its several parts are
being updated to more clearly and accurately describe their respective rules’
contents. The chapter title will change from “School Personnel –
Competencies for Licensure” to “School Personnel – Licensure
Endorsements,” and the individual part titles will identify the endorsement
addressed by each part. These title changes do not alter the substantive
requirements of the affected rules.
|
Part |
Current Title |
New Title |
|
6.64.2 |
Competencies for Entry-Level Language
Arts Teachers |
Language Arts Endorsement |
|
6.64.3 |
Competencies for Entry-Level Reading Teachers |
Reading Endorsement |
|
6.64.4 |
Competencies for Entry-Level Mathematics
Teachers |
Mathematics Endorsement |
|
6.64.5 |
Competencies for Entry-Level Science Teachers |
Science Endorsement |
|
6.64.6 |
Competencies for Entry-Level History,
Geography, Economics, Civics and Government Teachers |
History, Geography, Economics, Civics
and Government Endorsement |
|
6.64.7 |
Competencies for Entry-Level Health Education
Teachers |
Health Education Endorsement |
|
6.64.8 |
Competencies for Entry-Level Library
Media Specialists |
Library Media Endorsement |
|
6.64.9 |
Competencies for Entry-Level Information Technology
Coordinators |
Information Technology Coordinator Endorsement |
|
6.64.10 |
Competencies for Entry-Level Bilingual
Education Teachers (was repealed and replaced with new part name on 2/10/2026) |
Bilingual Endorsement |
|
6.64.11 |
TESOL Competencies |
TESOL Endorsement |
|
6.64.12 |
Competencies for Entry-Level Modern,
Classical and Native Language Teachers |
Modern, Classical and Native Language
Endorsement |
|
6.64.13 |
Competencies for Entry-Level Performing Arts and
Visual Arts Education Teachers |
Performing Arts and Visual Arts Education
Endorsement |
|
6.64.14 |
Competencies for Entry-Level Physical
Education Teachers |
Physical Education Endorsement |
|
6.64.15 |
Competencies for Entry-Level Family and Consumer
Sciences Teachers |
Family and Consumer Sciences Endorsement |
|
6.64.16 |
Competencies for Entry-Level Technology
Studies/Education Teachers |
Technology Education Endorsement |
|
6.64.17 |
Competencies for Entry-Level Agricultural Education
Teachers |
Agricultural Education Endorsement |
|
6.64.18 |
Competencies for Teaching Gifted
Students |
Teaching Gifted Students Endorsement |
|
6.64.19 |
Competencies for Elementary Mathematics Specialists |
Elementary Mathematics Specialist Endorsement |
|
6.64.20 |
Competencies for Secondary Computer
Science Teachers |
Secondary Computer Science Endorsement |
6.65.2 NMAC, Professional Learning
Framework
Explanation: This
proposed rule amends the department’s standards for professional learning to
those published by Learning Forward and aligns rule to current department practice
and guidance.
Summary: Amends
existing standards and requirements for professional learning design,
implementation, and evaluation including requirements for biannual department
review of professional learning plans. It also specifies that professional
learning plans must meet those standards and requirements to be eligible for
state or federal funding. The proposed rulemaking also makes technical
amendments to improve conciseness and clarity.
Statutory Authority: Sections 22-2-2,
22-2-8, 22-10A-19, 22-15E-3, and 22-15E-7 NMSA 1978
Chapter 069 – School Personnel – Performance
Explanation: The proposed rulemakings are part of a
broader department project to bring the department’s licensure rules into
alignment with current practice. Chapter 69 currently distributes related
requirements among overlapping parts, uses outdated evaluation terminology and
procedures, and contains provisions that duplicate or contradict one another.
The proposed restructuring would change the chapter title from “School
Personnel – Performance" to “School Personnel – Evaluations"; place
chapter-wide definitions in the formerly “Reserved” Part 1; organize
role-specific evaluation standards in Parts 2 through 4; consolidate evaluation
cycles, evidence, ratings, rubrics, training, and waivers in Part 5; place
corrective employment procedures in Part 6; and repeal Part 7 and Part 8. Licensure-advancement
and micro-credential requirements would remain governed by 6.60.6 NMAC and
would not be duplicated in Chapter 69. The project is intended to make the
rules consistent with current department practice and clarify which provisions
apply to each category of licensed school employees.
6.69.1 NMAC, Definitions
and General Provisions
Explanation: Adopt
a new part containing definitions and general provisions that apply throughout
Chapter 69. This rulemaking is part of the department's comprehensive
restructuring of the school personnel evaluation rules to align the rules with
current evaluation and licensure practices and to remove outdated, duplicative,
or contradictory provisions.
Summary: The proposed rulemaking
would consolidate definitions now located in multiple parts of Chapter 69. It
would establish uniform terms for the department-approved educator evaluation
system.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-10A-2, and 22-10A-19 NMSA 1978.
6.69.2 NMAC, Competency
Areas and Elements for Teachers
Explanation: Replace
the current unsatisfactory-work-performance rule with current, role-specific
competency areas and elements for teacher evaluation. The restructuring places
evaluation standards, evaluation procedures, corrective procedures, and
licensure advancement in separate parts so that requirements are easier to
locate and apply consistently. The unsatisfactory-work-performance provisions
currently located in this part would move to proposed 6.69.6 NMAC.
Summary: The
proposed rulemaking would establish four teacher competency areas and 22
related elements based on the Danielson Framework, addressing instructional
planning and readiness, supportive learning conditions, instructional practice
and student learning, and professional practice and responsibility. These
provisions would update and relocate the teacher competencies and indicators
currently located in 6.69.4.12 NMAC. The current
unsatisfactory-work-performance procedures in 6.69.2 NMAC would move to proposed
6.69.6 NMAC, and the current teacher evaluation cycle would move to proposed
6.69.5 NMAC. Licensure-advancement and micro-credential provisions in current
6.69.4 NMAC would not be carried forward because those requirements are
addressed in 6.60.6 NMAC. Obsolete core-subject qualification and professional
development dossier provisions would also not be carried forward.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-10A-7, 22-10A-8, 22-10A-10, 22-10A-11, 22-10A-11.1, and
22-10A-19 NMSA 1978.
6.69.3 NMAC, Competency
Areas and Elements for Site Administrators
Explanation: Replace
overlapping administrator evaluation rules with one set of current essential
practices and elements for principals, assistant principals, and other site
administrators. This consolidation removes the present separation between the
administrator provisions in 6.69.3 NMAC and the principal and assistant principal
provisions in 6.69.7 NMAC.
Summary: The
proposed rulemaking would establish five site-administrator essential practices
and 18 related elements addressing organizational advancement, the
instructional core, talent, culture and safety, and personal integrity. It
would replace and modernize the administrator competencies now in 6.69.3.8 NMAC
and the principal and assistant-principal competencies now in 6.69.7.9 NMAC.
The procedural components of site administrator evaluation, including
conferences, professional growth planning, evidence collection, and annual
summative evaluation, would move to proposed 6.69.5 NMAC.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-10A-11.6, and 22-10A-19 NMSA 1978.
6.69.4 NMAC, Competency
Areas for Licensed School Staff Other Than Teachers and Site Administrators
Explanation: Create
a consistent evaluation framework for licensed school employees who are not
teachers or site administrators. The current rules establish
occupation-specific evaluation requirements for school counselors and
librarian-teachers but do not provide an evaluation framework for all other
licensed school employees. Section 22-10A-19(A) NMSA 1978 requires the
department to adopt criteria and minimum standards for the annual performance
evaluation of all licensed school employees. The proposal replaces the two
occupation-specific rules with a generalized framework that describes
role-appropriate, department-approved evaluation rubrics for all licensed
school employees who are not evaluated under the teacher or site-administrator standards.
Summary: The
proposed rulemaking would establish annual evaluations for licensed school
staff other than teachers and site administrators. Districts would use a
department-approved rubric specific to an employee’s license or endorsement
when available. If no specific rubric exists, staff with an underlying
professional license would be evaluated using standards from the relevant
licensing board, while other staff would be evaluated under a general rubric
covering six performance areas. Districts would verify underlying professional
licenses annually and could add local standards that supplement, but not
supplant, the department-approved rubric. The new framework would replace the
separate evaluation provisions for librarian-teachers and school counselors and
extend evaluation standards to all other licensed school staff.
Teacher standards in 6.69.4 NMAC would move to proposed
6.69.2 NMAC, and teacher evaluation procedures would move to proposed 6.69.5
NMAC. The professional development dossier submission, review, and expired
transition provisions in current 6.69.4 NMAC would not be carried forward.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-10A-17, and 22-10A-19 NMSA 1978.
6.69.5 NMAC, Evaluation
Cycle, Evidence, and Rubrics
Explanation: Place
the common procedures for annual evaluations in one part and replace
conflicting requirements with a consistent evidence and rating framework. The
proposal separates procedural rules from the role-specific competency standards
in the proposed 6.69.2 through 6.69.4 NMAC.
Summary: The
proposed rulemaking would consolidate the annual evaluation cycles for
teachers, site administrators, and other licensed school staff in one part.
Teacher evaluation procedures would move from current 6.69.4.10 and 6.69.8.11
NMAC, while site administrator procedures would move from current 6.69.7.8 and
6.69.8.10 NMAC. The evaluation procedures for librarian-teachers and school
counselors in current 6.69.5 and 6.69.6 NMAC would also be incorporated and
updated to correspond with the generalized framework in proposed 6.69.4 NMAC.
Under the consolidated framework, districts would use
department-approved rubrics and sufficient evidence from multiple measures.
Employees would be allowed to review and respond to the evidence before their
evaluations are finalized. Four performance ratings - “innovating,” “applying,”
“developing,” and “not demonstrating” - would replace the current five-level
scale, and “not demonstrating” would be treated as a substantive finding rather
than a substitute for missing evidence. For the annual summative evaluation,
each element would receive the highest rating assigned to that element across
all observations conducted during the school year. The annual summative
evaluation would be unsuccessful if more than 40 percent of those element
ratings are “not demonstrating”. The rule would preserve evaluation
confidentiality, establish evaluator-training and charter-waiver requirements,
eliminate the fixed percentage formula in current 6.69.8 NMAC, and prohibit the
use of student achievement data as evaluation evidence.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-2-2.1, 22-8B-5, 22-10A-7, 22-10A-8, 22-10A-10, 22-10A-11, 22-10A-11.1,
22-10A-11.6, 22-10A-17, 22-10A-18, and 22-10A-19 NMSA 1978.
6.69.6 NMAC, Unsatisfactory
Work Performance of Licensed School Personnel
Explanation: Relocate
and update the procedures for correcting unsatisfactory work performance before
an employment discharge or termination decision. The proposal separates
corrective employment procedures from the evaluation standards and cycles that
produce the underlying performance record.
Summary: The
proposed rulemaking would move the unsatisfactory-work-performance and
performance-growth-plan processes from current 6.69.2 NMAC to 6.69.6 NMAC. An
employee rated unsuccessful would be placed on a 90-school-day performance
growth plan, receive at least four observations and written results during the
plan, and receive written notice of whether the deficiencies were corrected. If
satisfactory progress is not made, the superintendent would determine whether
to discharge or terminate the employee under the School Personnel Act. The
proposed part would not carry forward the current provisions allowing a
district to request suspension of a level 3-A teaching license or issuance of a
level 2 license based on unsatisfactory work performance. School-counselor
competencies now in 6.69.6 NMAC would move into the broader rubric framework in
proposed 6.69.4 NMAC, and the annual evaluation cycle for counselors would be
governed by proposed 6.69.5 NMAC.
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-10A-18, 22-10A-19, 22-10A-21, 22-10A-24, 22-10A-27, and
22-10A-30 NMSA 1978.
6.69.7 NMAC, Performance
Evaluation Requirements for Principals and Assistant Principals
Explanation: Repeal
the separate principal and assistant-principal evaluation rule because the
reorganized chapter establishes one evaluation framework for principals,
assistant principals, and other site administrators.
Summary: The
proposed repeal would remove the separate evaluation rule for principals and
assistant principals. The definitions and leadership competencies in current
6.69.7.7 and 6.69.7.9 NMAC would be updated and incorporated into proposed
6.69.1 and 6.69.3 NMAC. The annual professional development plan, observations,
midyear conference, reflection, and summative evaluation requirements in
current 6.69.7.8 NMAC would be updated and incorporated into the
site-administrator evaluation cycle in proposed 6.69.5 NMAC.
Statutory Authority: Sections 9-24-8,
22-2-1, and 22-2-2 NMSA 1978.
6.69.8 NMAC, Teacher and
School Leader Effectiveness
Explanation: Repeal
6.69.8 NMAC because it contains outdated evaluation requirements that overlap
with or conflict with the reorganized evaluation rules. Relevant provisions
would be updated and relocated.
Summary: Definitions from current
6.69.8 NMAC would move to proposed 6.69.1 NMAC. Site administrator standards
would be addressed in proposed 6.69.3 NMAC, while teacher and site administrator
evaluation cycles, observations, evidence requirements, ratings, evaluator
training, annual reporting, and confidentiality would move to proposed 6.69.5
NMAC. The proposed rules would replace the current fixed percentage formula and
five-level effectiveness scale with a role-relevant evidence framework and four
performance ratings. Student achievement data would no longer be used as
evaluation evidence.
Statutory Authority: Sections 9-24-8,
22-2-1, and 22-2-2 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, November 20, 2026. The PED encourages early submission of
written comments.
Public
Comment Period
The public comment period is from Tuesday,
October 20, 2026, to Friday, November
20, 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.