SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 691

52nd legislature - STATE OF NEW MEXICO - first session, 2015

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; CHANGING THE PARTICIPATION RATE FOR STANDARDIZED STUDENT ASSESSMENTS; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of the Assessment and Accountability Act is enacted to read:

     "[NEW MATERIAL] LEGISLATIVE FINDINGS--DECLARATION.--

          A. The legislature finds that the federal Elementary and Secondary Education Act, also known as the No Child Left Behind Act of 2001, requires a participation rate of ninety-five percent on standardized student assessments. However, that act also requires that all students in all grades in all schools become proficient in all tested subjects by 2014, assuming the required participation rate. Now that deadline has passed without the anticipated result of universal proficiency, and the legislature finds that the ninety-five percent participation rate has no significance.

          B. The legislature also finds that there are numerous legitimate reasons why fewer than ninety-five percent of students may take standardized assessments, among them illness, scheduling conflicts and inclement weather, and that there are numerous legitimate reasons why fewer than ninety-five percent of students and parents may complete surveys, among them illness, logistical obstacles and lack of incentives for doing so.

          C. The legislature finds further that the requirement of the ninety-five percent participation rate found in department rule that also imposes adverse consequences for teachers, schools and school districts that fail to enforce such requirement unfairly penalizes licensed school employees, public schools and school districts for situations beyond their control.

          D. For these reasons, the legislature declares that a ninety-five percent participation rate shall not be used during the 2014-2015 and 2015-2016 school years for evaluating teachers, public schools or school districts or for any other purpose."

     SECTION 2. A new section of the A-B-C-D-F Schools Rating Act is enacted to read:

     "[NEW MATERIAL] RATINGS NOT TO INCLUDE NINETY-FIVE PERCENT PARTICIPATION RATE.--When grading public schools during the 2014-2015 and 2015-2016 school years, the department shall not require a participation rate of ninety-five percent on student assessments, student or parent surveys or any other measures employed in the grading system. If the department, in consultation with a public school or school district, finds that the participation rate on one of these measures is too low to be statistically valid, the department shall use a department-approved alternative measure acceptable to the public school or school district instead of the measure in question."

     SECTION 3. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] PARTICIPATION RATES NOT USED FOR EVALUATIONS.--When evaluating licensed school employees during the 2014-2015 and 2015-2016 school years, neither the department nor a public school or school district shall require a participation rate of ninety-five percent on student assessments, student or parent surveys or any other measures employed in the evaluation system. If the department or a public school or school district finds that the participation rate on one of these measures is too low to be statistically valid, a department-approved alternative measure shall be used instead of the measure in question."

     SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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