SENATE BILL 233

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Steve D. Lanier

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING ACADEMIC SUPPORT, INTERVENTION AND HIGH-IMPACT TUTORING FOR STUDENTS WITH A MATHEMATICS OR READING DEFICIENCY; ESTABLISHING REQUIREMENTS FOR HIGH-IMPACT TUTORING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ACADEMIC SUPPORT FOR STUDENTS WITH READING AND MATHEMATICS DEFICIENCIES--HIGH-IMPACT TUTORING.--

          A. As used in this section:

                (1) "high-quality tutor" means a person licensed or approved by the department to provide high-impact tutoring and includes current or retired licensed school personnel, a private tutoring provider or a volunteer or charitable organization;

                (2) "mathematics deficiency" means a score in the bottom quartile on a statewide assessment for mathematics administered pursuant to the Assessment and Accountability Act;

                (3) "reading deficiency" means a score in the bottom quartile on a statewide assessment for reading and language arts administered pursuant to the Assessment and Accountability Act; and

                (4) "student" means any school-age person who is enrolled in fourth through eighth grade at a public school.

          B. On or before the thirtieth day of each school year, public schools shall review the statewide assessments administered in the immediately preceding school year pursuant to the Assessment and Accountability Act to identify students who have mathematics or reading deficiencies. A public school shall make high-impact tutoring available for each student identified as having a mathematics or reading deficiency.

          C. If a public school identifies a student as having a mathematics or reading deficiency, the school shall immediately notify the student's parent of the deficiency and that the student will be provided with high-impact tutoring in accordance with Subsection D of this section.

          D. High-impact tutoring shall:

                (1) begin within thirty days from the date on which the student is identified as having a mathematics or reading deficiency;

                (2) be individualized and designed to meet the student's specific needs and assist the student in achieving proficiency in mathematics or reading;

                (3) be delivered by a high-quality tutor;

                (4) be delivered at least three times per week in at least thirty-minute increments during the school day or out of school for a minimum of ten weeks;

                (5) be delivered at a ratio of no more than four students for one high-quality tutor; and

                (6) use high-quality instructional materials that are aligned with the department's academic content and performance standards for mathematics and reading and language arts.

          E. A parent whose student is receiving high-impact tutoring shall be provided with a detailed explanation of the student's high-impact tutoring plan, including the subject matter and the schedule and duration of the high-impact tutoring. A parent shall be provided with periodic written progress reports for the student while high-impact tutoring is provided and with information and guidance for the parent to support the student's learning at home.

          F. High-impact tutoring provided pursuant to this section may be provided as, in lieu of or in addition to a remediation or academic improvement program required by the Assessment and Accountability Act."

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