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AN ACT

RELATING TO PUBLIC SCHOOLS; CHANGING THE STATEWIDE COLLEGE

AND WORKPLACE READINESS ASSESSMENTS; ALLOWING THE ELEVENTH

GRADE STANDARDS-BASED ASSESSMENTS TO SERVE AS THE ASSESSMENT

REQUIRED FOR GRADUATION; CHANGING THE DATE BY WHICH

ASSESSMENT RULES MUST BE PROMULGATED; RECONCILING MULTIPLE

AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.

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

Section 1. Section 22-2C-4.1 NMSA 1978 (being Laws

2007, Chapter 307, Section 4 and Laws 2007, Chapter 308,

Section 4) is amended to read:

"22-2C-4.1. STATEWIDE COLLEGE AND WORKPLACE READINESS

ASSESSMENT SYSTEM.--

A. The department shall establish a readiness

assessment system to measure the readiness of every New

Mexico high school student for success in higher education or

a career no later than the 2008-2009 school year. The

department shall ensure that the readiness assessment system

is aligned with state academic content and performance

standards, college placement tests and entry-level career

skill requirements. The readiness assessment system shall

include the following components:

(1) in grade nine, a short-cycle diagnostic

assessment in reading, language arts and mathematics to be

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locally administered in the fall and at least two additional

times during the year;

(2) in grade ten, a short-cycle diagnostic

assessment in reading, language arts and mathematics that

also serves as an early indicator of college readiness, to be

locally administered at least three times during the year;

and

(3) in grade eleven, in the fall, one or

more of the following chosen by the student:

(a) a college placement assessment;

(b) a workforce readiness assessment;

competency using standards-based indicators.

B. All students at the specified grade level shall

participate in the readiness assessment system at no cost to

the student.

C. The department shall ensure that results of

performance on readiness assessments administered in grades

nine and ten are reported to students, parents and public

schools no later than four weeks following the date on which

the assessments are administered, in a form that is easily

understandable and useful in the next-step planning process.

Reports of assessment results shall be provided to students

and parents in writing whenever possible, but, if necessary,

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orally in the language best understood by each student and

parent.

D. The department shall adopt standards for

reasonable accommodations in the administration of readiness

assessments for students with disabilities and limited

English proficiency, including when and how accommodations

may be applied.

E. In developing, selecting or approving the high

school or college readiness assessments for school district

or charter school use, the department may adopt commercially

available standards-based assessments or approve a school

district's or charter school's short-cycle assessments that

meet the requirements of this section. The department shall

involve appropriate licensed school employees in the

development or selection of readiness assessments."

Section 2. Section 22-13-1.1 NMSA 1978 (being Laws

1986, Chapter 33, Section 5, as amended by Laws 2007, Chapter

305, Section 1 and by Laws 2007, Chapter 307, Section 8 and

also by Laws 2007, Chapter 308, Section 8) is amended to

read:

"22-13-1.1. GRADUATION REQUIREMENTS.--

A. At the end of grades eight through eleven, each

student shall prepare an interim next-step plan that sets

forth the coursework for the grades remaining until high

school graduation. Each year's plan shall explain any

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differences from previous interim next-step plans, shall be

filed with the principal of the student's high school and

shall be signed by the student, the student's parent and the

student's guidance counselor or other school official charged

with coursework planning for the student.

B. Each student must complete a final next-step

plan during the senior year and prior to graduation. The

plan shall be filed with the principal of the student's high

school and shall be signed by the student, the student's

parent and the student's guidance counselor or other school

official charged with coursework planning for the student.

C. An individualized education program that meets

the requirements of Subsections A and B of this section and

that meets all applicable transition and procedural

requirements of the federal Individuals with Disabilities

Education Act for a student with a disability shall satisfy

the next-step plan requirements of this section for that

student.

D. A local school board shall ensure that each

high school student has the opportunity to develop a

next-step plan based on reports of college and workplace

readiness assessments, as available, and other factors and is

reasonably informed about:

(1) curricular and course options, including

honors or advanced placement courses, dual-credit courses,

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distance learning courses, career clusters or remediation

programs that the college and workplace readiness assessments

indicate to be appropriate;

(2) opportunities available that lead to

different post-high-school options; and

(3) alternative opportunities available if

the student does not finish a planned curriculum.

E. The secretary shall:

(1) establish specific accountability

standards for administrators, counselors, teachers and school

district staff to ensure that every student has the

opportunity to develop a next-step plan;

(2) promulgate rules for accredited private

schools in order to ensure substantial compliance with the

provisions of this section;

(3) monitor compliance with the requirements

of this section; and

(4) compile such information as is necessary

to evaluate the success of next-step plans and report

annually, by December 15, to the legislative education study

committee and the governor.

F. Successful completion of a minimum of

twenty-three units aligned to the state academic content and

performance standards shall be required for graduation.

These units shall be as follows:

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(1) four units in English, with major

emphasis on grammar and literature;

(2) three units in mathematics, at least one

of which is equivalent to the algebra 1 level or higher;

(3) two units in science, one of which shall

have a laboratory component; provided, however, that with

students entering the ninth grade beginning in the 2005-2006

school year, three units in science shall be required, one of

which shall have a laboratory component;

(4) three units in social science, which

shall include United States history and geography, world

history and geography and government and economics;

(5) one unit in physical education;

(6) one unit in communication skills or

business education, with a major emphasis on writing and

speaking and that may include a language other than English;

(7) one-half unit in New Mexico history for

students entering the ninth grade beginning in the 2005-2006

school year; and

(8) nine elective units and seven and

one-half elective units for students entering the ninth grade

in the 2005-2006 school year that meet department content and

performance standards. Student service learning shall be

offered as an elective. Financial literacy shall be offered

as an elective.

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G. For students entering the ninth grade beginning

in the 2009-2010 school year, at least one of the units

required for graduation shall be earned as an advanced

placement or honors course, a dual-credit course offered in

cooperation with an institution of higher education or a

distance learning course.

H. The department shall establish a procedure for

students to be awarded credit through completion of specified

career technical education courses for certain graduation

requirements.

I. Successful completion of the requirements of

the New Mexico diploma of excellence shall be required for

graduation for students entering the ninth grade beginning in

the 2009-2010 school year. Successful completion of a

minimum of twenty-four units aligned to the state academic

content and performance standards shall be required to earn a

New Mexico diploma of excellence. These units shall be as

follows:

(1) four units in English, with major

emphasis on grammar, nonfiction writing and literature;

(2) four units in mathematics, of which one

shall be the equivalent to or higher than the level of

algebra 2, unless the parent submitted written, signed

permission for the student to complete a lesser mathematics

unit;

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(3) three units in science, two of which

shall have a laboratory component;

(4) three and one-half units in social

science, which shall include United States history and

geography, world history and geography and government and

economics, and one-half unit of New Mexico history;

(5) one unit in physical education;

(6) one unit in one of the following:

a career cluster course, workplace readiness or a language

other than English; and

(7) seven and one-half elective units that

meet department content and performance standards. Student

service learning shall be offered as an elective. Financial

literacy shall be offered as an elective.

J. Final examinations shall be administered to all

students in all classes offered for credit.

K. Until July 1, 2010, a student who has not

passed a state graduation examination in the subject areas of

reading, English, mathematics, writing, science and social

science shall not receive a high school diploma. The state

graduation examination on social science shall include a

section on the constitution of the United States and the

constitution of New Mexico. If a student exits from the

school system at the end of grade twelve without having

passed a state graduation examination, the student shall

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receive an appropriate state certificate indicating the

number of credits earned and the grade completed. If within

five years after a student exits from the school system the

student takes and passes the state graduation examination,

the student may receive a high school diploma.

L. Beginning with the 2010-2011 school year, a

student shall not receive a New Mexico diploma of excellence

if the student has not demonstrated competence in the subject

areas of mathematics, reading and language arts, writing,

social studies and science, including a section on the

constitution of the United States and the constitution of New

Mexico, based on a standards-based assessment or assessments

or a portfolio of standards-based indicators established by

the department by rule. The standards-based assessments

required in Section 22-2C-4 NMSA 1978 may also serve as the

assessment required for high school graduation. If a student

exits from the school system at the end of grade twelve

without having satisfied the requirements of this subsection,

the student shall receive an appropriate state certificate

indicating the number of credits earned and the grade

completed. If within five years after a student exits from

the school system the student satisfies the requirement of

this subsection, the student may receive a New Mexico diploma

of excellence.

M. As used in this section:

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(1) "final next-step plan" means a next-step

plan that shows that the student has committed or intends to

commit in the near future to a four-year college or

university, a two-year college, a trade or vocational

program, an internship or apprenticeship, military service or

a job;

(2) "interim next-step plan" means an annual

next-step plan in which the student specifies

post-high-school goals and sets forth the coursework that

will allow the student to achieve those goals; and

(3) "next-step plan" means an annual

personal written plan of studies developed by a student in a

public school or other state-supported school or institution

in consultation with the student's parent and school

counselor or other school official charged with coursework

planning for the student that includes one or more of the

following:

(a) advanced placement or honors

courses;

(b) dual-credit courses offered in

cooperation with an institution of higher education; and

N. The secretary may establish a policy to provide

for administrative interpretations to clarify curricular and

testing provisions of the Public School Code."