SENATE BILL 62

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO PUBLIC SCHOOLS; ASSIGNING POINTS TO FACTORS FOR RATING PUBLIC SCHOOLS; PROVIDING FOR A WORK GROUP TO STUDY SCHOOL GRADING ISSUES.

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

     SECTION 1. Section 22-2E-4 NMSA 1978 (being Laws 2011, Chapter 10, Section 4, as amended) is amended to read:

     "22-2E-4. ANNUAL RATINGS--LETTER GRADES--GRADING POINT SYSTEM--RATINGS BASED ON STANDARDS-BASED ASSESSMENTS--RIGHT TO SCHOOL CHOICE--DISTANCE LEARNING--RESPONSIBILITY FOR COST--USE OF FUNDS--ADDITIONAL REMEDY.--

          A. All public schools shall be graded annually by the department.

          B. The department shall assign a letter grade of A, B, C, D or F based on a one hundred point scale to each public school pursuant to criteria established by department rules, after input from the secretary's superintendents' council, that include as a minimum a combination of the following factors in a public school's grade:

                (1) for elementary and middle schools:

                     (a) student proficiency, including achievement on the New Mexico standards-based assessments, to total five points;

                     (b) student growth in reading and mathematics [and] to total ten points;

                     (c) growth of the lowest twenty-fifth percentile of students in the public school in reading and mathematics to total fifteen points;

                     (d) growth of the middle fiftieth percentile of students in the public school in reading and mathematics to total ten points;

                     (e) growth of the highest twenty-fifth percentile of students in the public school in reading and mathematics to total five points;

                     (f) progress toward English language proficiency to total five points;

                     (g) parent and student surveys to total ten points;

                     (h) improvements in truancy and chronic absenteeism rates to total twenty points;

                     (i) parent engagement activities to total ten points; and

                     (j) learning opportunities for students, including extended learning time, extracurricular and cocurricular activities, to total ten points; and

                (2) for high schools:

                     (a) student proficiency, including achievement on the New Mexico standards-based assessments, to total five points;

                     (b) student growth in reading and mathematics to total seven points;

                     (c) growth of the lowest twenty-fifth percentile of students in the high school in reading and mathematics [and

                     (d) additional academic indicators such as high school graduation rates, growth in high school graduation rates, advanced placement and international baccalaureate courses, dual enrollment courses and SAT and ACT scores] to total ten points;

                     (d) growth of the middle fiftieth percentile of students in the high school in reading and mathematics to total five points;

                     (e) growth of the highest twenty-fifth percentile of students in the high school in reading and mathematics to total five points;

                     (f) progress toward English language proficiency to total five points;

                     (g) graduation rates and improvements in graduation rates to total thirteen points;

                     (h) parent and student surveys to total ten points;

                     (i) improvements in truancy and chronic absenteeism rates to total ten points;

                     (j) college and career readiness indicators, including advanced placement and international baccalaureate courses, dual enrollment courses and SAT and ACT scores, to total ten points;

                     (k) parent engagement activities to total ten points; and

                     (l) learning opportunities for students, including extended learning time and extracurricular and cocurricular activities, to total ten points.

          C. The New Mexico standards-based assessments used for rating a public school are those administered annually to students in grades three, four, five, six, seven, eight, nine and eleven pursuant to Section 22-2C-4 NMSA 1978.

          D. In addition to any rights a parent may have pursuant to federal law, the parent of a student enrolled in a public school rated F for two of the last four years has the right to transfer the student in the same grade to any public school in the state not rated F or the right to have the student continue schooling by means of distance learning offered through the statewide or a local cyber academy. The school district or charter school in which the student is enrolled is responsible for the cost of distance learning.

          E. The department shall ensure that a local school board or, for a charter school, the governing body of the charter school is prioritizing resources of a public school rated D or F toward proven programs and methods linked to improved student achievement until the public school earns a grade of C or better for two consecutive years.

          F. The public school options available pursuant to the A-B-C-D-F Schools Rating Act are in addition to any remedies provided for in the Assessment and Accountability Act for students in schools in need of improvement or any other interventions prescribed by [the] federal [No Child Left Behind Act of 2001] or state law.

          G. When reporting a public school's grade, the department shall include student data disaggregated by [ethnicity, race, limited English proficiency, students with disabilities, poverty and gender; provided that ethnicity and race shall be reported using] the following categories:

                [(1) Caucasian, non-Hispanic;

(2) Hispanic;

(3) African American;

(4) American Indian or Alaska Native;

(5) Native Hawaiian or other Pacific Islander;

(6) Asian;

(7) two or more races; and]

                (1) each major racial and ethnic group;

                (2) economically disadvantaged students;

                (3) students with disabilities;

                (4) English proficiency status;

                (5) migrant status;

                (6) homeless status;

                (7) students in foster care;

                (8) students with a parent who is a member of the armed forces on active duty;

                (9) gender; and

                [(8)] (10) other; provided that if the sample of students in any category enumerated in [Paragraphs (1) through (7) of] this subsection is so small that a student in the sample may be personally identifiable in violation of the federal Family Educational Rights and Privacy Act of 1974, the report may combine that sample into the "other" category.

          H. The legislative education study committee shall convene a school grades work group to meet during the 2017 and 2018 interims to collect and analyze education stakeholder input regarding school grades. The school grades work group shall consist of:

                (1) two public school teachers in traditional schools;

                (2) two education labor union representatives;

                (3) two school principals;

                (4) two charter school representatives;

                (5) two superintendents;

                (6) two school board members;

                (7) two parents of students currently enrolled in a New Mexico public school;

                (8) two tribal leaders or tribal liaisons;

                (9) two representatives from a community organization with an education focus;

                (10) the chair and vice chair of the legislative education study committee; and

                (11) two representatives from the department.

          I. The school grades work group shall present its recommendations to the legislative education study committee no later than December 1, 2018. The work group's recommendations shall include:

                (1) additional or new indicators that should be included in the school grade metric;

                (2) summative rankings and school performance categories aligned with federal education legislation;

                (3) integration of innovative assessments as measures of student achievement; and

                (4) turnaround models for low performing schools."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to the 2017-2018 and succeeding school years.

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