Public Notices

Please visit the Rule Notification page for the following documents:

• Notice of Rulemaking
• Drafts of proposed rule changes
• Public comment received on a proposed rule change

Please visit the Public Education Commission page for the following documents:

• Public Notices
• Agendas
• Meeting Materials

The NM Public Education Department (PED) is providing notice to the public and to school districts and state charter schools that the PED is considering submittal of a waiver request to the US Department of Education for the following requirements as a result of ongoing fiscal challenges related to the novel Coronavirus Disease 2019 (COVID-19):

• Carryover limitation in section 1127(b) of the Elementary and Secondary Education Act of 1965 (ESEA) for Federal fiscal year (FY) 2022 Title I, Part A funds (i.e., the Title I, Part A funds that will become carryover funds on October 1, 2023): to waive the requirement that limits an SEA’s ability to grant to its LEAs a waiver of the 15 percent Title I, Part A carryover limitation in section 1127(a) to once every three years.
• Period of availability of funds in section 421(b) of the General Education Provisions Act (GEPA): to extend the period of availability of FY 2021 funds for programs in which the SEA participates under its approved consolidated State plan until September 30, 2024. The programs are
  • Title I, Part A of the ESEA (Improving Basic Programs Operated by LEAs),including the portions of the SEA’s Title I, Part A award used to carry out section 1003 school improvement, section 1003A direct student services, if applicable, and Title I, Part D, Subpart 2
  • Title I, Part B of the ESEA (State Assessment Formula Grants)
  • Title I, Part C of the ESEA (Education of Migratory Children)
  • Title I, Part D, Subpart 1 of the ESEA (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk)
  • Title II, Part A of the ESEA (Supporting Effective Instruction)
  • Title III, Part A of the ESEA (English Language Acquisition, Language Enhancement, and Academic Achievement)
  • Title IV, Part A of the ESEA (Student Support and Academic Enrichment Grants)
  • Title IV, Part B of the ESEA (21st Century Community Learning Centers)
  • Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program)

Please submit your comments and questions regarding the waiver request to: Covid.Edwaiver@ped.nm.gov