0001| HOUSE BILL 1291
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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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| AN ACT
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0011| RELATING TO EDUCATION; ENACTING THE ACADEMIC STANDARDS AND
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0012| RESPONSIBILITIES ACT; AMENDING SECTION 22-2-8.6 NMSA 1978
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0013| (BEING LAWS 1986, CHAPTER 33, SECTION 7, AS AMENDED).
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0017| through 8 of this act may be cited as the "Academic Standards
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0018| and Responsibilities Act".
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0019| Section 2. [NEW MATERIAL] PURPOSE OF ACT.--The purpose
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0020| of the Academic Standards and Responsibilities Act is to
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0021| establish procedures for implementation of content standards,
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0022| performance standards and benchmarks for student success.
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0023| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0024| Academic Standards and Responsibilities Act:
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0025| A. "benchmarks" means statements of what students
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0001| should know and be able to do in a content area by the end of a
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0002| designated grade or level;
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0003| B. "content standards" means a broad description of
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0004| knowledge and skills students should acquire in a particular
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0005| subject area;
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0006| C. "performance standards" means concrete examples
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0007| and explicit definitions of what students need to know and ways
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0008| to demonstrate that the students are proficient in the content
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0009| standards; and
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0010| D. "school district in academic distress" means a
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0011| school district that does not meet its targeted performance
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0012| standards.
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0013| Section 4. [NEW MATERIAL] EDUCATIONAL STANDARDS.--
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0014| A. The state department of public education shall
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0015| develop a results-based accountability system for
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0016| implementation during the 1998-99 school year that includes:
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0017| (1) assessment of benchmarks, content
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0018| standards and performance standards; and
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0019| (2) a one-year improvement plan for school
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0020| districts in academic distress.
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0021| B. Benchmarks, content standards and performance
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0022| standards established by the state board of education pursuant
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0023| to Section 22-2-8 NMSA 1978 shall be evaluated by the state
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0024| board of education at least once every two years by independent
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0025| tests and measurements experts to determine if the assessments
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0001| used to measure student progress are aligned with the content
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0002| standards and performance standards, and whether the benchmarks
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0003| established have been accomplished. The results of this
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0004| evaluation shall be reported to the legislature and shall be
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0005| released to the media for publication.
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0006| Section 5. [NEW MATERIAL] INTERVENTION--STANDARDS.--
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0007| A. The state department of public education shall
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0008| create a framework specifying intervention options and
|
0009| sanctions for school districts in academic distress. Upon
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0010| failure of intervention options and sanctions the
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0011| superintendent of public instruction shall take direct control
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0012| of the school district or of the public school.
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0013| B. The state department of public education shall
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0014| appoint a local oversight committee composed of teachers,
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0015| administrators and community representatives. The oversight
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0016| committee shall be facilitated by a representative of the state
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0017| department of public education and assigned to the school
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0018| district in academic distress.
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0019| C. The local oversight committee shall be
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0020| responsible for developing an improvement plan that will bring
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0021| the school district in academic distress into compliance with
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0022| expected goals.
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0023| Section 6. [NEW MATERIAL] PUBLIC SCHOOL AND SCHOOL
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0024| DISTRICT RESPONSIBILITIES.--
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0025| A. Beginning with the 1997-98 school year, each
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0001| local school board shall adopt performance standards that are
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0002| aligned with the state board of education's content standards,
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0003| performance standards and benchmarks and shall:
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0004| (1) provide community representatives and
|
0005| employee classroom practitioners the opportunity for direct
|
0006| involvement in the identification and evaluation of local
|
0007| results-based assessments;
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0008| (2) submit its assessments to an outside
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0009| evaluation at least once every two years to determine the
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0010| validity and reliability of the assessment process; and
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0011| (3) publish an evaluator's report in at least
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0012| one local newspaper.
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0013| B. Local school boards shall identify and place a
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0014| school district in academic distress on an improvement plan.
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0015| The plan shall be developed with involvement of community
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0016| representatives and employee classroom practitioners. The
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0017| school district's deficiencies and improvement plan shall be
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0018| published in at least one local newspaper by the local school
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0019| board.
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0020| Section 7. [NEW MATERIAL] STUDENT RESPONSIBILITIES.--
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0021| A. A student who does not reach minimum achievement
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0022| of the content standards, performance standards and benchmarks
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0023| for a specific grade level as measured by teachers shall not be
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0024| promoted to the next grade level until the student achieves the
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0025| minimum level of proficiency.
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0001| B. A student less than eighteen years of age who
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0002| has not achieved the minimum content standards, performance
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0003| standards and benchmarks for a specific grade level as
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0004| determined by teachers shall not be granted a driver's license
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0005| by the motor vehicle division of the taxation and revenue
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0006| department.
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0007| Section 8. Section 22-2-8.6 NMSA 1978 (being Laws 1986,
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0008| Chapter 33, Section 7, as amended) is amended to read:
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0009| "22-2-8.6. ESSENTIAL COMPETENCIES--REMEDIATION PROGRAMS--
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0010| PROMOTION POLICIES--EXCEPTION.--
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0011| A. The state board shall identify measurable
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0012| essential competencies and determine the criteria for mastery
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0013| of the essential competencies as established in the state
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0014| educational standards.
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0015| B. Local school boards shall develop remediation
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0016| programs to provide special instructional assistance to
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0017| students in grades one through eight who fail to master the
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0018| essential competencies as established by the state board.
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0019| Remediation programs may include but not be limited to tutoring
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0020| or summer programs. The cost of school district-approved
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0021| remediation programs shall be borne by the school district.
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0022| Remediation plans shall be filed with the state board.
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0023| C. The cost of summer and after-school remediation
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0024| programs offered in grades nine through twelve shall be borne
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0025| by the parent or guardian; however, where parents are
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0001| determined to be indigent according to guidelines established
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0002| by the state board, the local school board shall bear those
|
0003| costs.
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0004| D. Diagnosis of weaknesses identified by the
|
0005| reading assessment instrument administered pursuant to Section
|
0006| 22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the
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0007| need for remedial programs or retention.
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0008| E. At the end of grades one through eight, there
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0009| are three options available, dependent on a student's mastery
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0010| of essential competencies:
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0011| (1) the student has mastered the essential
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0012| competencies and shall enter the next higher grade;
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0013| (2) the student has not mastered the essential
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0014| competencies and may participate in remediation. Upon
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0015| certification by the school district that the student has
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0016| successfully mastered his areas of deficiency, he shall enter
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0017| the next higher grade; or
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0018| (3) the student has not mastered the essential
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0019| competencies and upon the recommendation of the certified
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0020| school instructor and school principal shall be retained in the
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0021| same grade for no more than one school year in order to have an
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0022| additional opportunity to master the essential competencies, at
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0023| which time the student shall enter the next higher grade.
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0024| F. Any student who has participated in remediation
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0025| programs pursuant to Paragraph (2) of Subsection E of this
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0001| section and for whom retention is recommended shall be afforded
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0002| an opportunity for a parent-teacher conference for the purpose
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0003| of outlining the options available for the student and
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0004| explaining the grounds for the recommendation of retention. [A
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parent or guardian who refuses to allow his child to be
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retained pursuant to Paragraph (3) of Subsection E of this
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section shall sign a waiver indicating that the child's
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promotion is against the specific advice and recommendation of
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the certified school instructor and the school principal.]
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0010| G. Any student who fails to master the essential
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0011| competencies for two successive school years shall be referred
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0012| to an alternative program designed by the school district.
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0013| Alternative program plans shall be filed with the state board."
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0014| State of New Mexico
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0015| House of Representatives
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0016|
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0017| FORTY-THIRD LEGISLATURE
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0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| March 14, 1997
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0022|
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0023|
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0024| Mr. Speaker:
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0025|
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0001| Your EDUCATION COMMITTEE, to whom has been referred
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0002|
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0003| HOUSE BILL 1291
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO NOT PASS, but that
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0007|
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0008| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
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0009| HOUSE BILL 1291
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0010|
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0011| DO PASS.
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0012|
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0013| Respectfully submitted,
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0014|
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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| Samuel F. Vigil, Chairman
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0020|
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0021|
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0022| Adopted Not Adopted
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0023|
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001| Date
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0002|
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0003| The roll call vote was 7 For 0 Against
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0004| Yes: 7
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0005| Excused: Beam, McSherry, Miera, Nicely, S.M. Williams, Wright
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0006| Absent: None
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0007|
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0008| G:\BILLTEXT\BILLW_97\H1291 HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
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0009| HOUSE BILL 1291
|
0010| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0011|
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018| AN ACT
|
0019| RELATING TO EDUCATION; ENACTING THE ACADEMIC STANDARDS AND
|
0020| RESPONSIBILITIES ACT; AMENDING SECTION 22-2-8.6 NMSA 1978
|
0021| (BEING LAWS 1986, CHAPTER 33, SECTION 7, AS AMENDED).
|
0022|
|
0023| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0024| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
|
0025| through 7 of this act may be cited as the "Academic Standards
|
0001| and Responsibilities Act".
|
0002| Section 2. [NEW MATERIAL] PURPOSE OF ACT.--The purpose
|
0003| of the Academic Standards and Responsibilities Act is to
|
0004| establish procedures for implementation of content standards
|
0005| with benchmarks and performance standards for student success.
|
0006| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0007| Academic Standards and Responsibilities Act:
|
0008| A. "benchmarks" means statements of what students
|
0009| should know and be able to do in a content area by the end of a
|
0010| designated grade or level;
|
0011| B. "content standards" means a broad description of
|
0012| knowledge and skills students should acquire in a particular
|
0013| subject area;
|
0014| C. "performance standards" means concrete examples
|
0015| and explicit definitions of what students need to know and ways
|
0016| to demonstrate that the students are proficient in the content
|
0017| standards; and
|
0018| D. "academic distress" means conditions under which
|
0019| a school district or school does not meet its targeted
|
0020| performance standards.
|
0021| Section 4. [NEW MATERIAL] EDUCATIONAL STANDARDS.--
|
0022| A. The state department of public education shall
|
0023| develop and implement a results-based accountability system for
|
0024| implementation that includes:
|
0025| (1) assessment of content standards with
|
0001| benchmarks and performance standards; and
|
0002| (2) a one-year improvement plan for school
|
0003| districts or schools in academic distress.
|
0004| B. Content standards with benchmarks and
|
0005| performance standards established by the state board of
|
0006| education pursuant to Section 22-2-8 NMSA 1978 shall be
|
0007| evaluated by independent tests and measurement experts for the
|
0008| state board of education whenever content standards with
|
0009| benchmarks and performance standards or assessment instruments
|
0010| are changed. The evaluation shall be used to determine whether
|
0011| or not the assessment instruments used to measure student
|
0012| progress are aligned with the content standards with benchmarks
|
0013| and performance standards. The results of this evaluation
|
0014| shall be reported to the legislature and shall be released to
|
0015| the media for publication.
|
0016| Section 5. [NEW MATERIAL] INTERVENTION--STANDARDS.--
|
0017| A. The state department of public education shall
|
0018| create a framework specifying intervention options and
|
0019| sanctions for school districts or schools in academic distress.
|
0020| B. Upon failure of intervention options specified by
|
0021| the framework, the state department of public education shall
|
0022| appoint a local oversight committee composed of teachers,
|
0023| administrators and community representatives. The oversight
|
0024| committee shall be facilitated by a representative of the state
|
0025| department of public education.
|
0001| C. The local oversight committee shall be responsible
|
0002| for developing an improvement plan that will bring the school
|
0003| district in academic distress into compliance with expected goals.
|
0004| D. If the superintendent of public instruction
|
0005| determines that the intervention options, including the local
|
0006| oversight committee, have failed to resolve the academic distress,
|
0007| then the superintendent shall take direct control of the school
|
0008| district or school pursuant to Section 22-2-14 NMSA 1978.
|
0009| Section 6. [NEW MATERIAL] PUBLIC SCHOOL AND SCHOOL
|
0010| DISTRICT RESPONSIBILITIES.--
|
0011| A. Local school boards shall adopt curricula that are
|
0012| aligned with the state board of education's content standards with
|
0013| benchmarks and performance standards and shall:
|
0014| (1) provide community representatives, employee
|
0015| classroom practitioners and other education personnel the
|
0016| opportunity for direct involvement in the identification and
|
0017| evaluation of local results-based assessments;
|
0018| (2) submit its assessments to an outside
|
0019| evaluation in conjunction with the state board of education's
|
0020| accreditation system and planning process to determine the
|
0021| validity and reliability of the assessment process; and
|
0022| (3) publish an evaluator's report in at least
|
0023| one local newspaper or in a manner approved by the state
|
0024| department of public education.
|
0025| B. Upon identifying a school in academic distress the
|
0001| local school board shall place the school on an improvement plan.
|
0002| The plan shall be developed with involvement of community
|
0003| representatives, employee classroom practitioners and other
|
0004| education personnel. The school's deficiencies and improvement
|
0005| plan shall be made publicly available and shall be disseminated to
|
0006| the parents of children who attend the school in academic
|
0007| distress.
|
0008| Section 7. Section 22-2-8.6 NMSA 1978 (being Laws 1986,
|
0009| Chapter 33, Section 7, as amended) is amended to read:
|
0010| "22-2-8.6. [ESSENTIAL COMPETENCIES] CONTENT STANDARDS
|
0011| WITH BENCHMARKS AND PERFORMANCE STANDARDS--REMEDIATION PROGRAMS--
|
0012| PROMOTION POLICIES--EXCEPTION.--
|
0013| A. The state board shall identify measurable
|
0014| [essential competencies] content standards with benchmarks and
|
0015| performance standards and determine the criteria for mastery [of
|
the essential competencies as established in the state educational
|
standards].
|
0018| B. Local school boards shall develop remediation
|
0019| programs to provide special instructional assistance to students
|
0020| in grades one through eight who fail to master the [essential
|
competencies] content standards with benchmarks and performance
|
0022| standards as established by the state board and to provide early
|
0023| notification to the students' parents. Remediation programs may
|
0024| include but not be limited to tutoring or summer programs. The
|
0025| cost of school district-approved remediation programs shall be
|
0001| borne by the school district. Remediation plans shall be filed
|
0002| with the state board.
|
0003| C. The cost of summer and after-school remediation
|
0004| programs offered in grades nine through twelve shall be borne by
|
0005| the parent or guardian; however, where parents are determined to
|
0006| be indigent according to guidelines established by the state
|
0007| board, the local school board shall bear those costs.
|
0008| D. Diagnosis of weaknesses identified by the reading
|
0009| assessment instrument administered pursuant to Section
|
0010| 22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the
|
0011| need for remedial programs or retention.
|
0012| E. At the end of grades one through eight, there are
|
0013| three options available, dependent on a student's mastery of
|
0014| [essential competencies] content standards with benchmarks and
|
0015| performance standards as measured by the teacher:
|
0016| (1) the student has mastered the [essential
|
competencies] content standards with benchmarks and performance
|
0018| standards as measured by the teacher and shall enter the next
|
0019| higher grade;
|
0020| (2) the student has not mastered the [essential
|
competencies] content standards with benchmarks and performance
|
0022| standards as measured by the teacher and may participate in
|
0023| remediation. Upon certification by the school district that the
|
0024| student has successfully mastered his areas of deficiency, he
|
0025| shall enter the next higher grade; or
|
0001| (3) the student has not mastered the [essential
|
competencies] content standards with benchmarks and performance
|
0003| standards as measured by the teacher and upon the recommendation
|
0004| of the certified school instructor and school principal shall be
|
0005| retained in the same grade for no more than one school year in
|
0006| order to have an additional opportunity to master the essential
|
0007| competencies, at which time the student shall enter the next
|
0008| higher grade.
|
0009| F. Any student who has participated in remediation
|
0010| programs pursuant to Paragraph (2) of Subsection E of this section
|
0011| and for whom retention is recommended shall be afforded an
|
0012| opportunity for a parent-teacher conference for the purpose of
|
0013| outlining the options available for the student and explaining the
|
0014| grounds for the recommendation of retention. [A parent or
|
guardian who refuses to allow his child to be retained pursuant to
|
Paragraph (3) of Subsection E of this section shall sign a waiver
|
indicating that the child's promotion is against the specific
|
advice and recommendation of the certified school instructor and
|
the school principal.]
|
0020| G. Any student who fails to master the [essential
|
competencies] content standards with benchmarks and performance
|
0022| standards for two successive school years shall be referred to an
|
0023| alternative program designed by the school district. Alternative
|
0024| program plans shall be filed with the state board."
|
0025|
|