SENATE BILL 470

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

INTRODUCED BY

John M. Sapien

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO ALLOW SCHOOL DISTRICTS AND CHARTER SCHOOLS TO ADMINISTER SHORT-CYCLE ASSESSMENTS IN LIEU OF END-OF-COURSE EXAMINATIONS AND TO REQUIRE THAT TEACHER EVALUATIONS BE TIMELY AND RELEVANT.

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.

          B. The academic assessment program shall test student achievement as follows:

                (1) for grades three through eight and for grade eleven, standards-based assessments in mathematics, reading and language arts;

                (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; and

                (4) for all grades, short-cycle assessments shall be substituted for any department-required end-of-course examinations.

          C. The department shall involve appropriate licensed school employees in the development of the standards-based assessments.

          D. Before August 5 of each year, the department shall provide student scores on all standards-based assessments taken during the prior school year and required in Subsection B of this section to students' respective school districts in order to make test score data available to assist school district staff with appropriate grade-level and other placement for the current school year.

          E. All students shall participate in the academic assessment program. The department shall adopt standards for reasonable accommodations in standards-based assessments 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.

          F. 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 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.

          G. For purposes of this section, "short-cycle assessment" means an evaluation method that is based on a course curriculum that directly tracks with state-adopted standards. Given at the end of the year, a short-cycle assessment can provide a student's teacher with information about the extent that students have mastered the material."

     SECTION 2. Section 22-10A-19 NMSA 1978 (being Laws 2003, Chapter 153, Section 50, as amended) is amended to read:

     "22-10A-19. TEACHERS AND SCHOOL PRINCIPALS--ACCOUNTABILITY--EVALUATIONS--PROFESSIONAL DEVELOPMENT--PEER INTERVENTION--MENTORING.--

          A. The department shall adopt criteria and minimum highly objective uniform statewide standards of evaluation for the annual performance evaluation of licensed school employees. The department shall establish teacher evaluation system criteria that provide balance between structure and flexibility and establish common expectations that provide opportunities for continuous professional growth for both the evaluator and the staff person being evaluated. The department shall adopt the criteria that do not:

                (1) use student test scores as a criterion but reward teacher flexibility and creativity in meeting the needs of all students;

                (2) take into account teachers' use of personal or sick leave but establish methods to support the professional growth by providing analysis and application of relevant data; and

                (3) use numbers alone to evaluate teachers but do use observations with appropriate and timely feedback.

           B. The professional development plan for teachers shall include documentation on how a teacher who receives professional development that has been required or offered by the state or a school district or charter school incorporates the results of that professional development in the classroom.

          [B.] C. The local superintendent shall adopt policies, guidelines and procedures for the performance evaluation process. Evaluation by other school employees shall be one component of the evaluation tool for school administrators.

          [C.] D. As part of the highly objective uniform statewide standard of evaluation for teachers, the school principal shall observe each teacher's classroom practice to determine the teacher's ability to demonstrate state-adopted competencies.

          [D.] E. At the beginning of each school year, teachers and school principals shall devise professional development plans for the coming year, and performance evaluations shall be based in part on how well the professional development plan was carried out.

          [E.] F. If a level two or three-A teacher's performance evaluation indicates less than satisfactory performance and competency, the school principal may require the teacher to undergo peer intervention, including mentoring, for a period the school principal deems necessary. If the teacher is unable to demonstrate satisfactory performance and competency by the end of the period, the peer interveners may recommend termination of the teacher.

          [F.] G. At least every two years, school principals shall attend a training program approved by the department to improve their evaluation, administrative and instructional leadership skills."

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