0001|                            HOUSE BILL 439
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           EARLENE ROBERTS
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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; AMENDING A SECTION OF THE PUBLIC SCHOOL
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0012|     CODE PERTAINING TO ESSENTIAL COMPETENCIES, REMEDIATION AND
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0013|     SCHOOL PROMOTION POLICIES.
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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.  Section 22-2-8.6 NMSA 1978 (being Laws 1986,
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0017|     Chapter 33, Section 7, as amended) is amended to read:
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0018|          "22-2-8.6.  ESSENTIAL COMPETENCIES--REMEDIATION
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0019|     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
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0022|     of 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
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<center>- 1 -</center>

0001|     students in grades one through eight who fail to master the
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0002|     essential competencies <s>[as]</s> established by the state board
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0003|     <u>and to provide early notification to students' parents</u>. 
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0004|     Remediation programs may include but not be limited to
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0005|     tutoring or summer programs.  The cost of school district-
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0006|     approved remediation programs shall be borne by the school
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0007|     district. Remediation plans shall be filed with the state
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0008|     board.
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0009|               C.  The cost of summer and after-school remediation
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0010|     programs offered in grades nine through twelve shall be borne
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0011|     by the parent or guardian; however, where parents are
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0012|     determined to be indigent according to guidelines established
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0013|     by the state board, the local school board shall bear those
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0014|     costs.
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0015|               D.  Diagnosis of weaknesses identified by the
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0016|     reading assessment instrument administered pursuant to Section
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0017|     22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the
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0018|     need for remedial programs or retention.
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0019|               E.  At the end of grades one through eight, there
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0020|     are three options available, dependent on a student's mastery
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0021|     of essential competencies:
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0022|                    (1)  the student has mastered the essential
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0023|     competencies and shall enter the next higher grade;
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0024|                    (2)  the student has not mastered the
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0025|     essential competencies and may participate in remediation. 
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<center>- 2 -</center>

0001|     Upon certification by the school district that the student has
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0002|     successfully mastered his areas of deficiency, he shall enter
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0003|     the next higher grade; or
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0004|                    (3)  the student has not mastered the
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0005|     essential competencies and upon the recommendation of the
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0006|     certified school instructor and school principal shall be
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0007|     retained in the same grade for no more than one school year in
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0008|     order to have an additional opportunity to master the
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0009|     essential competencies, at which time the student shall enter
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0010|     the next higher grade.
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0011|               F.  Any student who has participated in remediation
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0012|     programs pursuant to Paragraph (2) of Subsection E of this
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0013|     section and for whom retention is recommended shall be
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0014|     afforded an opportunity for a parent-teacher conference for
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0015|     the purpose of outlining the options available for the student
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0016|     and explaining the grounds for the recommendation of
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0017|     retention.  <s>[A parent or guardian who refuses to allow his
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<s></s>0018| <s>    child to be retained pursuant to Paragraph (3) of Subsection E
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<s></s>0019| <s>    of this section shall sign a waiver indicating that the
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<s></s>0020| <s>    child's promotion is against the specific advice and
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<s></s>0021| <s>    recommendation of the certified school instructor and the
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<s></s>0022| <s>    school principal.]</s>
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0023|               G.  Any student who fails to master the essential
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0024|     competencies for two successive school years shall be referred
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0025|     to an alternative program designed by the school district. 
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<center>- 3 -</center>

0001|     Alternative program plans shall be filed with the state
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0002|     board."
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0003|                              
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