0001| HOUSE BILL 75
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| BARBARA A. PEREA CASEY
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO EDUCATION; SPECIFYING PROMOTION AND REMEDIATION
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0013| POLICIES IN PUBLIC SCHOOLS; AMENDING A SECTION OF THE PUBLIC
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0014| SCHOOL CODE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-2-8.6 NMSA 1978 (being Laws 1986,
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0018| Chapter 33, Section 7, as amended) is amended to read:
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0019| "22-2-8.6. ESSENTIAL COMPETENCIES--REMEDIATION PROGRAMS--PROMOTION POLICIES--EXCEPTION.--
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0020| A. The state board shall identify measurable
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0021| essential competencies and determine the criteria for mastery of
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0022| the essential competencies as established in the state
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0023| educational standards.
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0024| B. Local school boards shall develop remediation
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0025| programs to provide special instructional assistance to students
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0001| in grades one through eight who fail to master the essential
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0002| competencies as established by the state board. Remediation
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0003| programs may include but not be limited to tutoring or summer
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0004| programs. The cost of school district-approved remediation
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0005| programs shall be borne by the school district. Remediation
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0006| plans shall be filed with the state board.
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0007| C. The cost of summer and after-school remediation
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0008| programs offered in grades nine through twelve shall be borne by
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0009| the parent or guardian; however, where parents are determined to
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0010| be indigent according to guidelines established by the state
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0011| board, the local school board shall bear those costs.
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0012| D. Diagnosis of weaknesses identified by the reading
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0013| assessment instrument administered pursuant to Section
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0014| 22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the
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0015| need for remedial programs or retention.
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0016| E. At the end of grades one through eight, there are
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0017| three options available, dependent on a student's mastery of
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0018| essential competencies:
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0019| (1) the student has mastered the essential
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0020| competencies and shall enter the next higher grade;
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0021| (2) the student has not mastered the essential
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0022| competencies and may participate in remediation. Prior to
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0023| beginning a remediation program, a contract shall be drawn up
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0024| between the principal, teacher, student and student's parent or
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0025| legal guardian regarding successful completion of the
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0001| remediation program. Upon certification by the school district
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0002| that the student has successfully mastered his areas of
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0003| deficiency, he shall enter the next higher grade; or
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0004| (3) the student has not mastered the essential
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0005| competencies after participation in a remediation program and
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0006| upon the recommendation of [the certified school instructor and
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school principal] an advisory committee composed of the
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0008| student's certified school instructor, a school counselor, if
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0009| available, the school principal and the student's parent or
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0010| legal guardian, shall be retained in the same grade for no more
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0011| than one school year in order to have an additional opportunity
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0012| to master the essential competencies, at which time the student
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0013| shall enter the next higher grade.
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0014| F. In making a recommendation for retention or
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0015| promotion, the advisory committee shall consider information
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0016| regarding a student's cultural, linguistic and socioeconomic
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0017| background. The advisory committee shall also consider the
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0018| results of the standards assessments used by the school district
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0019| to evaluate student performance, as well as other measurements
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0020| and evidence of a student's abilities. If the advisory
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0021| committee cannot reach consensus regarding the student's
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0022| retention or promotion, the school district superintendent or
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0023| his designee, in collaboration with the student and the
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0024| student's parent or legal guardian, shall make a final decision
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0025| based upon the best interests of the student and available
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0001| information provided by the advisory committee.
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0002| [F.] G. Any student who has participated in
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0003| remediation programs pursuant to [Paragraph (2) of] Subsection
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0004| E of this section and for whom retention is recommended shall be
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0005| afforded an opportunity for a [parent-teacher] conference
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0006| with the advisory committee for the purpose of [outlining the
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options available for the student and] explaining the grounds
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0008| for the recommendation of retention. [A parent or guardian who
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refuses to allow his child to be retained pursuant to Paragraph
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(3) of Subsection E of this section shall sign a waiver
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indicating that the child's promotion is against the specific
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advice and recommendation of the certified school instructor and
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the school principal.
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G.] H. Any student who fails to master the
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0015| essential competencies for two successive school years shall be
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0016| referred to an alternative program designed by the school
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0017| district. Alternative program plans shall be filed with the
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0018| state board."
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0019|
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0020| State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-SECOND LEGISLATURE
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0024| SECOND SESSION, 1996
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0025|
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0001| January 23, l996
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0002|
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0003|
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0004| Mr. Speaker:
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0005|
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0006| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
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0007| whom has been referred
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0008|
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0009| HOUSE BILL 75
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0010|
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0011| has had it under consideration and finds same to be
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0012| GERMANE in accordance with constitutional provisions.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019| Barbara A. Perea Casey,
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0020| Chairperson
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 8 For 0 Against
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0005| Yes: 8
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0006| Excused: Lujan, Olguin, Pederson, Ryan, Taylor, Wallach,
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0007| S. Williams
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0008| Absent: None
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0009|
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0010| H0075RC1
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