Full-time distance learning program; duties.

A. A school district or charter school that offers a full-time distance learning program shall: (1) administer the program in compliance with the Public School Code, including Section 22-2-8.1 NMSA 1978 regarding required instructional hours and Section 22-10A-20 NMSA 1978 regarding class load and teaching load limits; (2) administer the program in compliance with state and federal law regarding student privacy, student record confidentiality and secure student record storage; (3) only provide distance learning courses that are taught by licensed teachers or faculty members of accredited post-secondary educational institutions and that meet the department's academic content and performance standards; (4) on or before October 15 of each year, notify the department as to the number of students enrolled in the program and the grade level of the enrolled students; and (5) maintain records of the district's or charter school's expenditures related to the program and furnish the records to the department at the department's request and in the manner prescribed by the department. B. A school district or charter school that operates a full-time distance learning program shall not expand the program to an additional grade level unless the school district or charter school certifies to the department that the program has sufficient courses for a full instructional program for the additional grade level.