HOUSE BILL 360

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO PUBLIC EDUCATION; CREATING THE READING FIRST PROGRAM; PROVIDING POWERS AND DUTIES; REQUIRING APPLICATIONS; PROVIDING FOR CRITERIA AND REVIEW PANELS; REQUIRING LOCAL AND STATEWIDE PROFESSIONAL DEVELOPMENT; MAKING AN APPROPRIATION.

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] READING FIRST PROGRAM--IMPLEMENTATION.--

          A. The "reading first" program is created in the department and shall be modeled on the state's successful reading first program funded by a grant from the United States department of education as part of the federal No Child Left Behind Act of 2001 implementation.

          B. The state's reading first program and each participating school district's component of the reading first program shall be based on three-year student cohorts and designed to:

                (1) provide a comprehensive approach to teaching reading that is based on high-quality scientifically based reading research, uses valid and reliable assessments and provides both school district and statewide professional development and technical assistance for teachers;

                (2) provide effective reading instruction that includes phonemic awareness; phonics; vocabulary development; reading fluency, including oral reading skills; and reading comprehension strategies;

                (3) focus on the use of screening and diagnostic information to identify students at risk for reading difficulties to ensure early intervention and ongoing monitoring of student success;

                (4) require that teachers develop individualized reading plans for students who fail to meet grade-level reading proficiency standards;

                (5) provide research-based professional development so that kindergarten through third grade teachers, kindergarten through twelfth grade special education teachers and school administrators are capable of implementing and sustaining significant improvements in reading at all grade levels; and

                (6) provide a statewide cadre of reading experts skilled and capable of working directly with classroom teachers as coaches and mentors.

          C. School districts may apply on behalf of their elementary schools or special education programs on a form and in a manner as provided by the department for a grant from the reading first fund. Funding priority shall be given to public schools that receive federal Title 1 funding. Eligibility criteria include that:

                (1) twenty percent or more of the school district's kindergarten through third grade students score at or below the twentieth percentile on valid and reliable early literacy assessments based on the school district's norms; and

                (2) the school district meets at least one of the following criteria:

                     (a) it is in a geographic area designated as an empowerment zone or enterprise community pursuant to the federal Internal Revenue Code of 1986, as amended;

                     (b) a significant number or percentage of public schools in the school district are identified for school improvement; and

                     (c) eighty-five percent or more of the applicant public school's students are eligible for free or reduced-fee lunch.

          D. Applications shall be evaluated by a panel of reading experts appointed by the secretary from around the state, but not from public schools for which applications have been submitted. Professors in the state's colleges of education that provide instruction in teaching scientifically based reading and early language literacy development may also be appointed to a panel by the secretary.

          E. A grant application may be amended if the review panel requires.

          F. A three-year reading first grant shall be provided to each grantee to implement the reading first program to a student cohort. Reading first grants shall not be expended for any purpose other than the purposes provided in this section and in the grant application, as amended, if applicable."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] READING FIRST FUND--CREATED.--

          A. The "reading first fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The fund shall be administered by the department, and money in the fund is appropriated to the department to provide three-year reading first grants to public schools. Expenditures from the fund shall be on warrants issued by the secretary of finance and administration based on vouchers submitted by the secretary of public education or the secretary of public education's authorized representative.

          B. The department may set aside ten percent of the total appropriation to be expended as follows:

                (1) at least fifty percent of the set-aside shall be used to provide statewide professional development to teachers and school administrators of the grantee public schools;

                (2) at least twenty-five percent of the set-aside shall be used to provide or contract for technical assistance to grantee public schools; and

                (3) no more than twenty-five percent of the set-aside may be used for program administration."

     SECTION 3. APPROPRIATION.--Nine million five hundred thousand dollars ($9,500,000) is appropriated from the general fund to the reading first fund for expenditure in fiscal year 2014 and subsequent fiscal years to carry out the provisions of the reading first program. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

- 5 -