46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PUBLIC EDUCATION; REQUIRING READING PROFICIENCY PRIOR TO PROMOTION TO FOURTH GRADE; REQUIRING SCHOOL DISTRICTS TO USE THE DISTRIBUTION FOR A STUDENT FAILING TO READ PROFICIENTLY BY THE END OF THE THIRD GRADE FOR READING ENHANCEMENT DESIGNED TO TEACH THE STUDENT TO READ PROFICIENTLY; REQUIRING READING PROFICIENCY INFORMATION IN ACCOUNTABILITY REPORT.

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

Section 1. Section 22-1-6 NMSA 1978 (being Laws 1989, Chapter 308, Section 1, as amended) is amended to read:

"22-1-6. ANNUAL SCHOOL DISTRICT ACCOUNTABILITY REPORT REQUIRED--READING PROFICIENCY INFORMATION REQUIRED.--

A. School districts are required to publish an annual school district accountability report to provide district-wide data for the previous school year. The state board shall establish the format for the accountability reports and ensure that the relevant data is provided annually to parents, students, educators, policymakers, legislators, the governor and business and economic development organizations. The department of education shall establish the following five indices through which public school performance shall be measured and reported to school districts:

(1) student achievement as measured by a nationally norm-referenced test approved by the department of education or through a performance-based instrument to measure proficiency;

(2) school safety;

(3) the dropout rate;

(4) attendance; and

(5) parent and community involvement.

The department of education shall establish the methodology for measuring each of the five indices.

B. Effective July 1, 1999, school districts shall annually administer a nationally norm-referenced test or a standards-based assessment to all students enrolled in a public school in grades three through nine. Only students with disabilities deemed incapable of taking the test as determined on their individual educational programs shall be exempted from this requirement. Students who have been assessed as non-English or limited English proficient using state-approved language assessments and meeting required thresholds shall be exempted from this test and provided an alternative norm-referenced or standards-based assessment in their primary language. School districts shall report the following to the department of education:

(1) the results of the norm-referenced test or standards-based assessment;

(2) the number of enrolled students who did not take the test, the school in which they are enrolled and the reason for the exemption from the test; and

(3) separately and as part of the aggregate report, the results of assessments of students enrolled in special education class A, B, C and D programs who took the test and the school in which they are enrolled, except in cases where the number of students being reported is less than ten.

C. School districts shall set two-, four- and six-year benchmarks in each of the five indices for each public school. Local school boards may establish additional indices, if reviewed by the department of education, through which to measure the school district's performance in other areas.

D. The annual accountability report shall also include the results of a survey of parents' views of the quality of their children's school. The survey shall be conducted each year in time to include the results in the annual accountability report. The survey shall compile the results of a written questionnaire that shall be sent home with the students to be given to their parents. The survey may be completed anonymously. The survey shall be no more than one page, shall be clearly and concisely written and shall include not more than twenty questions that shall be answered with options of a simple sliding scale ranging from "strongly agree" to "strongly disagree" and shall include the optional response "don't know". The survey shall also include a request for optional written comments, which may be written on the back of the questionnaire form. The questionnaire shall include questions in the following areas:

(1) parent-teacher-school relationship and communication;

(2) quality of educational and extracurricular programs;

(3) instructional practices and techniques;

(4) resources;

(5) school personnel, including the school principal; and

(6) parents' view of teaching staff expectations for the students.

The state board shall develop no more than ten of the questions, which shall be reviewed by the legislative education study committee prior to implementation. No more than five questions shall be developed by the local school board and no more than five questions shall be developed by the staffs of each individual school site; provided that at least half of those questions shall be developed by teachers rather than administrators, in order to gather information that is specific to the particular community surveyed. The questionnaires shall indicate the public school site and shall be tabulated by the department of education within thirty days of receipt and shall be returned to the respective schools to be disseminated to all parents.

E. The annual accountability report shall also include a report of all federal funds distributed directly to the school district or received by the district from the department of education. For each distribution, the purpose for which the money was received shall be stated with a detailed accounting of the purposes for which the funds were expended.

F. The annual accountability report for each school district shall be adopted by the local school board, may be published no later than November 15 of each year and may be published at least once each school year in a newspaper of general circulation in the county where the school district is located. In publication, the report shall be titled "The School District Report Card" and disseminated in accordance with guidelines established by the state board to ensure effective communication with parents, students, educators, local policymakers and business and community organizations.

G. The annual accountability report for each school district shall include the number for the previous school year of third grade students in the district that failed to read proficiently.

[G.] H. The department of education shall create an accountability data system through which data from each public school and each school district may be compiled and reviewed. The department of education shall provide the resources to train school district personnel in the use of the accountability data system.

[H.] I. The department of education shall verify data submitted by the school districts.

[I.] J. The state board shall measure the performance of every public school in New Mexico. Public schools achieving the highest level of performance shall be eligible for supplemental incentive funding. The state board shall establish the corrective actions and interventions necessary for public schools whose performance level is low.

[J.] K. The school district shall submit a copy of its annual accountability report to the legislative finance committee, the legislative education study committee and the library of the legislative council service."

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

"22-2-8.6. EDUCATIONAL CONTENT STANDARDS--REMEDIATION PROGRAMS--PROMOTION POLICIES--READING PROFICIENCY BEFORE PROMOTION--RESTRICTIONS.--

A. The state board shall identify educational content standards as measured by the state assessment program and establish performance levels of proficiency. Remediation programs, academic improvement programs and promotion policies shall be aligned with content standards and 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 approve district-developed remediation programs and academic improvement programs to provide special instructional assistance to students in grades one through eight who fail to attain a level of proficiency established by the content standards. The cost of remediation programs and academic improvement programs shall be borne by the school district. 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 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 or writing performance assessment instrument administered pursuant to Section 22-2-8.5 NMSA 1978 may serve as criteria in assessing the need for remedial programs or retention.

E. A student who fails to read proficiently by the end of the third grade shall not be promoted to the fourth grade until the student reads proficiently, except that the provisions of this subsection shall not apply to a developmentally disabled student learning to read in accordance with a developmentally appropriate plan approved by a certified school instructor.

[E.] F. A parent or guardian shall be notified no later than the end of the second grading period that his child is failing to attain appropriate grade level proficiency in content standards, and a conference consisting of the parent or guardian and the teacher shall be held to discuss possible remediation programs available to assist the student in attaining the required level of proficiency established by the content standards. Specific academic deficiencies and remediation strategies shall be explained to the student's parent or guardian and a written plan developed containing timelines, academic expectations and the measurements to be used to verify that a student has overcome his academic deficiencies. Remediation programs and academic improvement programs include tutoring, extended day or week programs, summer programs and other research-based models for student improvement.

[F.] G. Except as provided in Subsection E of this section, at the end of grades one through seven, three options are available, dependent on a student's attainment of the required level of proficiency established by the content standards:

(1) the student has attained the level of proficiency required by the content standards and shall enter the next higher grade;

(2) the student has not attained the required level of proficiency and shall participate in the required level of remediation. Upon certification by the school district that the student has successfully overcome his areas of deficiency, he shall enter the next higher grade; or

(3) the student has not attained the level of proficiency required by the content standards upon completion of the prescribed remediation program and upon the recommendation of the certified school instructor and school principal shall either be:

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

(b) promoted to the next grade if the parent or guardian refuses to allow his child to be retained pursuant to Subparagraph (a) of this paragraph. In this case, the parent or guardian shall sign a waiver indicating his desire that the student be promoted to the next higher grade with an academic improvement plan designed to address specific academic deficiencies. The academic improvement plan shall be developed by the student assistance team outlining timelines and monitoring activities to ensure progress toward overcoming those academic deficiencies. Students failing to attain proficiency of content standards at the end of that year shall then be retained in the same grade for no more than one year in order to have additional time to master the required content standards.

[G.] H. At the end of the eighth grade, a student who fails to attain proficiency of content standards shall be retained in the eighth grade for no more than one school year in order to attain proficiency of content standards or if the student assistance team determines that retention of the student in the eighth grade will not assist the student [attain] in attaining the appropriate level of academic achievement and proficiency of standards, the team shall design a high school graduation plan to meet the student's needs for entry into the work force or a post-secondary educational institution. If a student is retained in the eighth grade, the student assistance team shall develop a specific academic improvement plan that clearly delineates the student's academic deficiencies and prescribes a specific remediation plan to address those academic deficiencies.

[H.] I. A student who fails to attain proficiency of content standards for two successive school years shall be referred to the student assistance team for placement in an alternative program designed by the school district. Alternative program plans shall be filed with the department of education.

[I.] J. Promotion and retention decisions affecting a student enrolled in special education shall be made in accordance with the provisions of the individual educational plan established for that student.

[J.] K. For the purposes of this section:

(1) "academic improvement plan" means a written document developed by the student assistance team that describes the specific content standards required for a certain grade level that a student has not achieved and that prescribes specific remediation programs such as summer school, extended day or week school and tutoring;

(2) "alternative school-district-determined assessment results" means the results obtained from student assessments developed by a local school board and conducted at an elementary grade level or middle school level;

(3) "educational plan for student success" means a student-centered 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 and that 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 three through nine pursuant to state board rule; and

(5) "student assistance team" means a group consisting of a student's:

(a) teacher;

(b) school counselor;

(c) school administrator; and

(d) parent or legal guardian."

Section 3. Section 22-2-8.9 NMSA 1978 (being Laws 2001, Chapter 165, Section 1) is amended to read:

"22-2-8.9. READING ENHANCEMENT FOR PUBLIC SCHOOL STUDENTS NOT READING AT GRADE LEVEL--DISTRIBUTION USED FOR READING PROFICIENCY--ACCOUNTABILITY DATA SYSTEM USED--ACCOUNTABILITY INFORMATION REQUIREMENT.--

A. A school district shall provide reading enhancement in grades two through ten, designed to improve a student's reading proficiency to his grade level.

B. Before the end of the school year, the reading proficiency of all students in grades one through nine shall be determined based upon a combination of state-mandated assessments and local school or school district reading assessments. A student who is determined not to be reading at grade level shall be provided reading enhancement.

C. If, as provided in Section 22-2-8.6 NMSA 1978, a student is not promoted to the fourth grade as a result of the student's failure to read proficiently, the school district that received the current year distribution for the student shall use the entire amount calculated for the student's grade placement for reading enhancement designed to teach the student to read proficiently. The school district may contract for the reading enhancement services with a public or private organization offering a grade appropriate reading enhancement program.

D. Each school district shall include in its annual school district accountability report the number for the previous school year of third grade students in the district that failed to read proficiently. The department of education shall use its accountability data system as provided in Section 22-1-6 NMSA 1978 to compile and review the third grade students' reading proficiency information from each public school."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.