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

RELATING TO PUBLIC EDUCATION; COMPLYING WITH THE FEDERAL NO CHILD LEFT BEHIND ACT OF 2001; ENACTING THE ASSESSMENT AND ACCOUNTABILITY ACT; CREATING AN ASSESSMENT AND ACCOUNTABILITY SYSTEM BASED ON CHALLENGING ACADEMIC CONTENT AND PERFORMANCE STANDARDS AND RIGOROUS TESTING AGAINST THOSE STANDARDS TO DETERMINE ANNUAL YEARLY PROGRESS OF STUDENTS, PUBLIC SCHOOLS AND SCHOOL DISTRICTS; PROVIDING FOR SANCTIONS AND REWARDS; PROVIDING FOR ADDITIONAL RESOURCES FOR SCHOOLS THAT FAIL TO MAKE ADEQUATE YEARLY PROGRESS; PROVIDING FOR IMPROVEMENT INDICATORS IN ADDITION TO THE ASSESSMENT AND ACCOUNTABILITY SYSTEM; CREATING FUNDS; PROVIDING FOR PARENTAL NOTIFICATION; PROVIDING FOR QUALITY TEACHERS; MAKING AN APPROPRIATION.

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

Section 1. Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended by Laws 2001, Chapter 239, Section 1 and by Laws 2001, Chapter 244, Section 1) is amended to read:

"22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND ENROLLING--OPEN ENROLLMENT.--

A. Except as provided by Section 24-5-2 NMSA 1978, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent.

B. A free public school education in those courses already offered to persons pursuant to the provisions of Subsection A of this section shall be available to any person who is a resident of this state and has received a high school diploma or its equivalent if there is available space in such courses.

C. Any person entitled to a free public school education pursuant to the provisions of this section may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Compulsory School Attendance Law, may withdraw from a public school at any time.

D. In adopting and promulgating rules concerning the enrollment of students transferring from a home school or private school to the public schools, the local school board shall provide that the grade level at which the transferring student is placed is appropriate to the age of the student or to the student's score on a student achievement test administered according to the statewide [and local school district testing programs as determined by the state superintendent or both] assessment and accountability system.

E. A local school board shall adopt and promulgate rules governing enrollment and re-enrollment at public schools other than charter schools within the school district. These rules shall include:

(1) definition of the school district boundary and the boundaries of attendance areas for each public school;

(2) for each public school, definition of the boundaries of areas outside the school district boundary or within the school district but outside the public school's attendance area and within a distance of the public school that would not be served by a school bus route as determined pursuant to Section 22-16-4 NMSA 1978 if enrolled, which areas shall be designated as "walk zones";

(3) priorities for enrollment of students as follows:

(a) first, [persons] students residing within the school district and within the attendance area of a public school;

(b) second, [persons] students enrolled in a school ranked as a school that needs improvement or a school subject to corrective action;

(c) third, students who previously attended the public school; and

[(c) third] (d) fourth, all other applicants;

(4) establishment of maximum allowable class size if smaller than that permitted by law; and

(5) rules pertaining to grounds for denial of enrollment or re-enrollment at schools within the school district and the school district's hearing and appeals process for such a denial. Grounds for denial of enrollment or re-enrollment shall be limited to:

(a) a student's expulsion from any school district or private school in this state or any other state during the preceding twelve months; or

(b) a student's behavior in another school district or private school in this state or any other state during the preceding twelve months that is detrimental to the welfare or safety of other students or school [personnel] employees.

F. In adopting and promulgating rules governing enrollment and re-enrollment at public schools other than charter schools within the district, a local school board may establish additional enrollment preferences for rules admitting students in accordance with the [second and] third and fourth priorities of enrollment set forth in Subparagraphs [(b) and] (c) and (d) of Paragraph (3) of Subsection E of this section. The additional enrollment preferences may include:

(1) after-school child care for students;

(2) child care for siblings of students attending the public school;

(3) children of employees employed at the public school;

(4) extreme hardship;

(5) location of a student's previous school;

(6) siblings of students already attending the public school; and

(7) student safety.

G. As long as the maximum allowable class size established by law or by rule of a local school board, whichever is lower, is not met or exceeded in a public school by enrollment of [first-priority] first- and second-priority persons, the public school shall enroll other persons applying in the priorities stated in the school district rules adopted pursuant to Subsections E and F of this section. If the maximum would be exceeded by enrollment of an applicant in the second [or third] through fourth priority, the public school shall establish a waiting list. As classroom space becomes available, persons highest on the waiting list within the highest priority on the list shall be notified and given the opportunity to enroll."

Section 2. A new section of the Public School Code, Section 22-2A-1 NMSA 1978, is enacted to read:

"22-2A-1. [NEW MATERIAL] SHORT TITLE.--Chapter 22, Article 2A NMSA 1978 may be cited as the "Assessment and Accountability Act"."

Section 3. A new section of the Public School Code, Section 22-2A-2 NMSA 1978, is enacted to read:

"22-2A-2. [NEW MATERIAL] FINDINGS AND PURPOSE.--The purpose of the Assessment and Accountability Act is to comply with federal accountability requirements; to provide the means whereby parents, students, public schools and the public can assess the progress of students in learning and schools in teaching required academic content; and to institute a system in which public schools, school districts and the department of education are held accountable for ensuring student success."

Section 4. A new section of the Public School Code, Section 22-2A-3 NMSA 1978, is enacted to read:

"22-2A-3. [NEW MATERIAL] ACADEMIC CONTENT AND PERFORMANCE STANDARDS--STATE BOARD POWERS AND DUTIES.--

A. The state board shall adopt academic content and performance standards for grades one through twelve in the following areas:

(1) mathematics;

(2) reading and language arts;

(3) science; and

(4) social studies.

B. The state board may adopt content and performance standards in other subject areas.

C. Academic content and performance standards shall be sufficiently academically challenging to meet or exceed federal requirements.

D. The department of education shall measure the performance of every public school in New Mexico. Public schools achieving the greatest improvement in adequate yearly progress shall be eligible for supplemental incentive funding. The state board shall establish the corrective actions and interventions necessary for public schools that do not achieve adequate yearly progress."

Section 5. A new section of the Public School Code, Section 22-2A-4 NMSA 1978, is enacted to read:

"22-2A-4. [NEW MATERIAL] STATEWIDE ASSESSMENT AND ACCOUNTABILITY SYSTEM--INDICATORS--REQUIRED TESTS--ALTERNATIVE TESTS--LIMITS ON ALTERNATIVES TO ENGLISH LANGUAGE READING TEST.--

A. The state board shall establish a statewide assessment and accountability system that is aligned with the state academic content and performance standards and that measures adequate yearly progress for each student, public school and school district. Adequate yearly progress shall be determined primarily by student academic achievement, as demonstrated by statewide standards-based academic performance tests; however, the state board may include other indicators of adequate yearly progress, including graduation rates for high schools and attendance for elementary and middle schools.

B. The academic assessment program for adequate yearly progress shall test student achievement as follows by the school year indicated:

(1) for grades kindergarten through two, diagnostic and standards-based tests on reading that include phonemic awareness, phonics and comprehension by the 2003-2004 school year;

(2) for grades three through nine and for grade eleven, standards-based academic performance tests in mathematics, reading and language arts and social studies by the 2005-2006 school year; provided that testing in ninth grade and testing in social studies shall not occur until the legislature has provided funding for test development and implementation;

(3) for grades four, six, eight and eleven, standards-based academic performance writing tests by the 2005-2006 school year; and

(4) for one of grades three through five and six through nine and for grade eleven, standards-based academic performance tests in science by the 2007-2008 school year.

C. The department of education shall involve appropriate certified school employees in the development of the standards-based tests.

D. All students shall participate in the academic assessment program. The state board shall develop standards for reasonable accommodations in academic testing for students with disabilities and limited English proficiency, including when and how accommodations may be applied. The legislative education study committee shall review the standards prior to adoption by the state board.

E. Students who have been determined to be limited English proficient may be allowed to take the standards-based academic performance test in their primary language. A student who has attended school for three consecutive years in the United States shall participate in the English language reading test unless granted a waiver by the department of education based on criteria established by the state board. An English language reading test waiver may be granted only for a maximum of two additional years and only on a case-by-case basis."

Section 6. A new section of the Public School Code, Section 22-2A-5 NMSA 1978, is enacted to read:

"22-2A-5. [NEW MATERIAL] STUDENT ACHIEVEMENT RATINGS--CALCULATION OF ADEQUATE YEARLY PROGRESS.--The state board shall adopt the process and methodology for calculating adequate yearly progress. The statewide standards-based tests used to assess adequate yearly progress shall be valid and reliable and shall conform with nationally recognized professional and technical standards. Academic performance shall be measured by school and by the following subgroups:

A. ethnicity;

B. race;

C. limited English proficiency;

D. students with disabilities; and

E. poverty."

Section 7. Section 22-2-8.6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is recompiled as Section 22-2A-6 NMSA 1978 and is amended to read:

"22-2A-6. [EDUCATIONAL CONTENT STANDARDS] REMEDIATION PROGRAMS--PROMOTION POLICIES--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] requirements of the assessment and accountability program.

B. Local school boards shall approve school 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] adequate yearly progress. 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] district 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] a student's academic achievement may serve as criteria in assessing the need for remedial programs or retention.

E. 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] make adequate yearly progress, 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] adequate yearly progress. 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. 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] made adequate yearly progress and shall enter the next higher grade;

(2) the student has not [attained the required level of proficiency] made adequate yearly progress 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] made adequate yearly progress, he shall enter the next higher grade; or

(3) the student has not [attained the level of proficiency required by the content standards] made adequate yearly progress upon completion of the prescribed remediation program and upon the recommendation of the [certified school instructor] teacher 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] meet adequate yearly progress, 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] make adequate yearly progress 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. At the end of the eighth grade, a student who fails to [attain proficiency of content standards] make adequate yearly progress 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 the appropriate level of academic achievement and proficiency of standards] make adequate yearly progress, 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. A student who fails to [attain proficiency of content standards] make adequate yearly progress 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. 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. 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 school 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 8. A new section of the Public School Code, Section 22-2A-7 NMSA 1978, is enacted to read:

"22-2A-7. [NEW MATERIAL] ADEQUATE YEARLY PROGRESS--SCHOOL IMPROVEMENT PLANS--CORRECTIVE ACTION.--

A. A public school that fails to make adequate yearly progress shall submit an improvement plan to the local school board. The school district shall double the number of certified school personnel for that school in the next school year.

B. A public school that fails to make adequate yearly progress for two consecutive school years shall be ranked as a school that needs improvement.

C. Within ninety days of being notified that a public school within the school district has been ranked as a public school that needs improvement, the school district shall submit an improvement plan for that public school to the department of education. In developing the improvement plan, the local superintendent, the president of the local school board and the school principal of the public school that needs improvement shall hold a public meeting to inform parents and the public of the public school's rank. The meeting shall be used to elicit suggestions from parents and the public on how to improve the public school. After the public meeting, the school district shall develop the public school's improvement plan, and the local school board shall approve the improvement plan before it is submitted to the department of education. The improvement plan shall be approved by the department of education within thirty days of its submission.

D. The improvement plan shall include:

(1) documentation of performance measures in which the public school failed to make adequate yearly progress;

(2) measurable objectives to indicate the action that will be taken to address failed measures;

(3) benchmarks to be used to indicate progress in meeting standards;

(4) an estimate of the time and the resources needed to achieve each objective in the improvement plan;

(5) the support services that shall be provided to students and application for federal and state funds; and

(6) any other information the public school that needs improvement, the local superintendent, the local school board or the department of education deems necessary.

E. A public school that needs improvement may apply to the department of education for financial or other assistance in accordance with the improvement plan. The public school shall make application for assistance substantially in the form required by the department of education. The department of education shall evaluate applications for assistance and may recommend changes to an application or to an improvement plan if warranted by the final application. The department of education shall consider innovative methods to assist the public school in meeting its improvement plan, including department of education or other school employees to serve as a mobile assistance team to provide administrative, classroom, human resource and other assistance to the public school that needs improvement as needed and as provided in applications approved by the department of education.

F. If a public school fails to make adequate yearly progress for two or more consecutive school years, it shall provide transportation or pay the cost of transportation, within available funds, for students who choose to enroll in a higher ranked public school.

G. If a public school fails to make adequate yearly progress for three or more consecutive school years, it shall provide supplemental services, including after-school programs, tutoring and summer services, within available funds.

H. The state board shall adopt rules that govern the priority for students for whom supplemental services shall be provided and for students for whom transportation costs are paid.

I. If a public school fails to make adequate yearly progress for four consecutive school years, it shall be ranked as a public school subject to corrective action and the school district, in conjunction with the department of education, shall take one or more of the following actions in addition to earlier improvements:

(1) replace staff as allowed by law;

(2) implement a new curriculum;

(3) decrease management authority of the public school;

(4) appoint an outside expert to advise the public school;

(5) extend the school day or year; or

(6) change the public school's internal organizational structure.

J. If a public school fails to make adequate yearly progress for five consecutive school years, the school district, in conjunction with the department of education, shall take one or more of the following actions in addition to other improvements:

(1) reopen the public school as a charter school;

(2) replace all or most of the staff as allowed by law;

(3) turn over the management of the public school to the department of education; or

(4) make other governance changes.

K. A school district that fails to make adequate yearly progress for two consecutive school years may be subject to the same requirements as a public school that needs improvement or the same requirements as a public school subject to corrective action, as determined by the state board. A school district that fails to make adequate yearly progress for four consecutive school years shall be subject to corrective action.

L. The state or a school district shall not enter into management contracts with private entities for the management of a public school or a school district subject to corrective action."

Section 9. A new section of the Public School Code, Section 22-2A-8 NMSA 1978, is enacted to read:

"22-2A-8. [NEW MATERIAL] ADEQUATE YEARLY PROGRESS--SUPPLEMENTAL INCENTIVE FUNDING--STATE PROGRAM FOR OTHER ACHIEVEMENT.--

A. The state board shall institute an "adequate yearly progress program" that measures public schools' improvements in adequate yearly progress. The public schools that show the greatest improvement in adequate yearly progress shall be eligible for supplemental funding from the incentives for school improvement fund, including allowable federal funds.

B. The state board may institute a "state improving schools program" that measures public school improvement by adequate yearly progress and other indicators, including school safety; dropout rate; parent and community involvement; and, if not used to determine adequate yearly progress, graduation and attendance rates. Those indicators may be weighed against socioeconomic variables such as the percentage of student mobility rates, the percentage of limited English proficient students using criteria established by the federal office of civil rights and the percentage of students eligible for free or reduced-fee lunches and other factors determined by the state board. Public schools that show the greatest improvement through the use of additional indicators may be eligible for supplemental funding from the incentives for school improvement fund. Funding for the state improving schools program shall include federal funds only if allowed by federal law or rule."

Section 10. A new section of the Public School Code, Section 22-2A-9 NMSA 1978, is enacted to read:

"22-2A-9. [NEW MATERIAL] INCENTIVES FOR SCHOOL IMPROVEMENT FUND--CREATED--DISTRIBUTIONS.--

A. The "incentives for school improvement fund" is created in the state treasury. The fund includes appropriations, federal allocations for the purposes of the fund, income from investment of the fund, gifts, grants and donations. Balances in the fund shall not revert to any other fund at the end of any fiscal year. The fund shall be administered by the department of education and money in the fund is appropriated to the department of education to provide supplemental incentive funding for the adequate yearly progress program and the state improving schools program. No more than three percent of the fund may be retained by the department of education for administrative purposes. Money in the fund shall be expended on warrants of the secretary of finance and administration pursuant to vouchers signed by the state superintendent or his authorized representative.

B. The state board shall adopt a formula for distributing incentive funding from the fund. Distributions for the adequate yearly progress program shall account for at least sixty percent of the fund, including federal funds if those funds are restricted to adequate yearly progress improvements. Up to forty percent of the fund, not including restricted federal funds, may be used for the state improving schools program. The total number of public schools that receive supplemental funding shall not constitute more than fifteen percent of the student membership in the state. Distributions shall be made proportionately to public schools that qualify."

Section 11. A new section of the Public School Code, Section 22-2A-10 NMSA 1978, is enacted to read:

"22-2A-10. [NEW MATERIAL] SCHOOLS IN NEED OF IMPROVEMENT FUND--CREATED.--

A. The "schools in need of improvement fund" is created in the state treasury. The fund includes appropriations, federal allocations for the purposes of the fund, income from investment of the fund, gifts, grants and donations. Balances in the fund shall not revert to any other fund at the end of any fiscal year. The fund shall be administered by the department of education and money in the fund is appropriated to the department of education to provide assistance to public schools in need of improvement and public schools subject to corrective action. No more than three percent of the fund may be retained by the department of education for administrative purposes. Money in the fund shall be expended on warrants of the secretary of finance and administration pursuant to vouchers signed by the state superintendent or his authorized representative.

B. Distributions from the fund shall be by application approved by the department of education based on a public school's approved improvement plan as provided in Section 22-2A-7 NMSA 1978."

Section 12. A new section of the Public School Code, Section 22-2A-11 NMSA 1978, is enacted to read:

"22-2A-11. [NEW MATERIAL] ASSESSMENT AND ACCOUNTABILITY SYSTEM REPORTING--PARENT SURVEY--DATA SYSTEM--FISCAL INFORMATION.--

A. The state board shall adopt the format for reporting individual student assessments to parents or guardians. The student assessments shall report each student's progress and academic needs as measured against state standards.

B. The state board shall adopt the format for reporting annual yearly progress of public schools, school districts and the department of education. If the state board has adopted a state improving schools program, the annual accountability report shall include the results of that program for each public school. The annual accountability report format shall be clear, concise and understandable to parents and the general public. All annual accountability reports shall ensure that the privacy of individual students is protected.

C. Local school boards may establish additional indicators through which to measure the school district's performance in areas other than adequate yearly progress. D. The school district's annual accountability report shall also include the results of a survey of parents' or guardians' 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 or guardians. 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 employees, including the school principal; and

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

E. The state board shall develop no more than ten of the survey questions, which shall be reviewed by the legislative education study committee prior to implementation. No more than five survey questions shall be developed by the local school board, and no more than five survey questions shall be developed by the staffs of each public school; provided that at least one-half of those questions shall be developed by teachers rather than school 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 or guardians.

F. The school district's annual accountability report 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 or guardians, students, educators, local policymakers and business and community organizations.

G. The annual accountability report shall include the names of those local school board members who failed to attend annual mandatory training.

H. The annual accountability report shall include data on expenditures for central office administration and expenditures for the public schools of the school district.

I. 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.

J. The department of education shall verify data submitted by the school districts.

K. At the end of fiscal year 2005, after the budget approval cycle, the department of education shall produce a report to the legislature that shows for all school districts using performance-based program budgeting the relationship between that portion of a school district's program cost generated by each public school in the school district and the budgeted expenditures for each public school in the school district as reported in the district's performance-based program budget. At the end of fiscal year 2006 and subsequent fiscal years, after the budget approval cycle, the department of education shall report on this relationship in all public schools in all school districts in the state.

L. When all public schools are participating in performance-based budgeting, the department of education shall recommend annually to the legislature for inclusion in the general appropriation act the maximum percentage of appropriations that may be expended in each school district for central office administration.

M. The department of education shall disseminate its statewide accountability report to school districts; the governor, legislators and other policymakers; and business and economic development organizations."

Section 13. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PARENTAL NOTIFICATION.--

A. Within sixty calendar days from the beginning of each school year, every school district shall issue a notice to parents or guardians that they may obtain information regarding the professional qualifications of their children's teachers, school principals and other certified school personnel. At a minimum, the information shall include:

(1) whether the teacher has met state qualifications for licensure for the grade level and subjects being taught by the teacher;

(2) whether the teacher is teaching under a teaching or assignment waiver;

(3) the teacher's degree major and any other license or graduate degree held by the teacher; and

(4) the qualifications of other certified school personnel if the student is served by educational assistants or other personnel who provide counseling or special instructional services.

B. Beginning with the 2003-2004 school year, a local superintendent shall give written notice to the parents or guardians of those students who are being taught for longer than thirty days by a substitute teacher or by a person who is not qualified to teach the grade or subject.

C. The local superintendent shall:

(1) ensure that the notice required by this section is provided not later than the thirtieth day following the assignment of that person to the classroom;

(2) ensure that the notice required by this section is provided in a bilingual form to a parent or guardian whose primary language is not English;

(3) retain a copy of the notice required pursuant to this section; and

(4) ensure that information relating to teacher licensure is available to the public upon request."

Section 14. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] TEACHERS AND SCHOOL PRINCIPALS--ACCOUNTABILITY--EVALUATIONS--PROFESSIONAL DEVELOPMENT--PEER INTERVENTION--MENTORING.--

A. The state board shall adopt criteria and minimum statewide objective performance standards for the annual performance evaluation of certified school personnel. The local superintendent shall adopt policies, guidelines and procedures for the objective performance evaluation process. Evaluation by other school employees shall be one component of the evaluation tool for school principals.

B. As part of the objective performance evaluation of teachers, the school principal shall observe each teacher's classroom practice to determine the teacher's ability to demonstrate state-adopted competencies.

C. At the beginning of each school year, teachers and school principals shall devise professional development plans for the coming year, and performance evaluations shall be based in part on how well the professional development plan was carried out.

D. If a teacher's performance evaluation indicates less than satisfactory performance and competency, the school principal may require the teacher to undergo peer intervention, including mentoring, for a period the school principal deems necessary. If the teacher is unable to demonstrate satisfactory performance and competency by the end of the period, the peer interveners may recommend termination of the teacher.

E. At least every two years, school principals shall attend a training program approved by the department of education to improve their evaluation, administrative and instructional leadership skills."

Section 15. APPROPRIATION.--Ten million dollars ($10,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2004 to provide funding for additional certified school personnel in public schools that do not make adequate yearly progress. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 16. REPEAL.--Sections 22-1-6, 22-2-8.5 and 22-13A-1 through 22-13A-6 NMSA 1978 (being Laws 1989, Chapter 308, Section 1, Laws 1986, Chapter 33, Section 6 and Laws 1989, Chapter 137, Sections 1 through 6, as amended) are repealed.