SB 501
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AN ACT
RELATING TO PUBLIC SCHOOLS; REQUIRING THE PUBLIC EDUCATION
DEPARTMENT TO PAY THE COSTS FOR MANDATORY ASSESSMENTS;
DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-2C-4 NMSA 1978 (being Laws 2003,
Chapter 153, Section 13, as amended) is amended to read:
"22-2C-4. STATEWIDE ASSESSMENT AND ACCOUNTABILITY
SYSTEM--INDICATORS--REQUIRED ASSESSMENTS--ALTERNATIVE
ASSESSMENTS--LIMITS ON ALTERNATIVES TO ENGLISH LANGUAGE
READING ASSESSMENTS.--
A. The department shall establish a statewide
assessment and accountability system that is aligned with the
state academic content and performance standards and that
measures adequate yearly progress for each public school and
school district. Adequate yearly progress shall be
determined primarily by student academic achievement, as
demonstrated by statewide standards-based assessments;
however, the department may include other indicators of
adequate yearly progress, including graduation rates for high
schools and attendance for elementary and middle schools.
B. The academic assessment program for adequate
yearly progress shall test student achievement as follows:
(1) for grades three through eight and for
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SB 501
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grade eleven, standards-based assessments in mathematics,
reading and language arts and social studies;
(2) for grades three through eight, a
standards-based writing assessment with the writing
assessment scoring criteria applied to the extended response
writing portions of the language arts standards-based
assessments; and
(3) for one of grades three through five and
six through eight and for grade eleven, standards-based
assessments in science by the 2007-2008 school year.
C. The department shall involve appropriate
licensed school employees in the development of the
standards-based assessments.
D. All students shall participate in the academic
assessment program. The department shall adopt standards for
reasonable accommodations in academic testing for students
with disabilities and limited English proficiency, including
when and how accommodations may be applied. The legislative
education study committee shall review the standards prior to
adoption by the department.
E. Students who have been determined to be limited
English proficient may be allowed to take the standards-based
assessment in their primary language. A student who has
attended school for three consecutive years in the United
States shall participate in the English language reading
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assessment unless granted a waiver by the department based on
criteria established by the department. An English language
reading assessment waiver may be granted only for a maximum
of two additional years and only on a case-by-case basis.
F. The department shall pay the costs of required
academic assessments, including development, administration
and technical support.
G. Prior to establishing a preliminary unit value
to establish school district and charter school budgets for
the subsequent fiscal year, the department shall determine
the amount of the state equalization guarantee distribution
required to pay the district- and school-level costs of
required academic assessments. Upon verification by the
department of finance and administration and review by the
legislative education study committee and the legislative
finance committee, the required amount shall be transferred
to the operating budget of the department. The provisions of
this subsection are effective until July 1, 2010."
Section 2. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
immediately.