44th legislature - STATE OF NEW MEXICO - first special session, 1999

RELATING TO EDUCATION; AMENDING A SECTION OF THE PUBLIC SCHOOL CODE PERTAINING TO ESSENTIAL COMPETENCIES AND REMEDIATION.

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

Section 1. Section 22-2-8.6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is amended to read:

"22-2-8.6. [ESSENTIAL COMPETENCIES] EDUCATIONAL STANDARDS--REMEDIATION PROGRAMS--ACADEMIC IMPROVEMENT PROGRAMS--PROMOTION POLICIES--EXCEPTION.--

A. The state board shall identify [measurable essential competencies and determine the criteria for mastery of the essential competencies as established in the state educational] standards as measured by the state assessment program and establish performance levels for proficiency. Remediation programs, academic improvement programs and promotion policies shall be based on the following:

(1) statewide assessment results;

(2) alternative, school-district-determined assessment results; and

(3) student performance in school.

B. Local school boards shall [develop] approve district-developed remediation programs and academic improvement programs to provide special instructional assistance to students in grades one through eight who fail to [master the essential competencies as established by the state board] attain proficiency of standards. A parent or guardian shall be notified that his child is failing to attain appropriate grade level educational standards no later than the end of the second grading period, and the parent or guardian and the teacher shall discuss in a conference possible remediation programs available to improve the student's attainment of educational standards. Remediation programs may include [but not be limited to tutoring or summer programs] parent notification and early parental involvement. Specific academic deficiencies and remediation strategies must be agreed upon by the student's parent or guardian and a written plan developed containing timelines, academic expectations and the measurements used to verify that a student has met the academic deficiencies. Remediation programs and academic improvement programs must include tutoring, extended day programs, summer programs or other research-based models. The cost of [school district-approved] remediation programs and academic improvement programs shall be borne by the school district. [Remediation plans shall be filed with the state board.] Remediation programs and academic improvement programs shall be incorporated into the school district's educational plan for student success and filed with the department of education.

C. The cost of summer and [after-school] extended day remediation programs and academic improvement programs offered in grades nine through twelve shall be borne by the parent or guardian; however, where parents are determined to be indigent according to guidelines established by the state board, the local school board shall bear those costs.

[D. Diagnosis of weaknesses identified by the reading assessment instrument administered pursuant to Section

22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the need for remedial programs or retention.

E.] D. At the end of grades one through [eight] seven, there are three options available, dependent on a student's [mastery] attainment of [essential competencies] the following standards:

(1) the student has [mastered the essential competencies] attained proficiency of standards and shall enter the next higher grade;

(2) the student has not [mastered the essential competencies and may] attained proficiency of standards and shall participate in remediation. Upon certification by the school district that the student has successfully mastered his areas of deficiency, he shall enter the next higher grade; or

(3) the student has not [mastered the essential competencies] attained proficiency of standards upon completion of a prescribed remediation program and upon the recommendation of the certified school instructor, school's student assistance team, parent and school principal shall either be [retained in the same grade for no more than one school year in order to have an additional opportunity to master the essential competencies, at which time the student shall enter the next higher grade.

F. Any student who has participated in remediation programs pursuant to Paragraph (2) of Subsection E of this section and for whom retention is recommended shall be afforded an opportunity for a parent-teacher conference for the purpose of outlining the options available for the student and explaining the 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.]:

(a) retained in the same grade for no more than one school year with an academic improvement plan developed by the school's student assistance team and the student's parent or guardian in order to attain proficiency of standards, at which time the student shall enter the next higher grade; or

(b) a parent or guardian who refuses to allow his child to be retained pursuant to Subparagraph (a) of Paragraph (3) of this subsection shall sign a waiver indicating his desire that the student be promoted to the next higher grade with a written academic improvement plan designed to address specific academic deficiencies. The academic improvement plan shall be developed by the school's student assistance team and the student's parent or guardian outlining timelines and monitoring activities to ensure progress toward the attainment of those academic deficiencies. Students failing to achieve mastery of educational standards at the end of the year shall be retained in the same grade for no more than one year in order to have additional time to master the required standards.

E. At the end of the eighth grade, any student who fails to attain educational standards as determined and measured in Subsection A of this section shall be retained in the eighth grade for no more than one school year in order to attain proficiency of standards. A specific academic improvement plan must be developed by the school's student assistance team and the student's parent or guardian that clearly delineates the student's academic deficiencies and prescribes a specific remediation plan to address those academic deficiencies.

[G.] F. Any student who fails to [master the essential competencies] attain proficiency of standards for two successive school years shall be referred to the school's student assistance team, which shall include parental involvement for placement in an alternative program designed by the school district. Alternative program plans shall be filed with the [state board] department of education.

G. For the purposes of this section:

(1) "academic improvement plan" means a written document developed by the student assistance team that describes the specific academic standards that a student has not achieved to be at a certain grade level and that prescribes specific remediation programs that include summer school, extended day school and tutoring;

(2) "alternative district-determined assessment" means student assessments determined by a local school board to be conducted at any elementary grade level or middle school level;

(3) "educational plan for student success" means a tool developed to define the role of the academic improvement plan within the district that addresses methods to improve a student's learning and success in school that is student centered and identifies specific measures of a student's progress;

(4) "statewide assessment results" means the results obtained from the New Mexico achievement assessment that is administered annually to grades four, six and eight pursuant to state board rule; and

(5) "student assistance team" includes a student's:

(a) teacher;

(b) school counselor;

(c) school administrator;

(d) parent or legal guardian; and

(e) in the case of a student enrolled in special education, his special education teacher and appropriate specialists."