SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 390
52nd legislature - STATE OF NEW MEXICO - first session, 2015
AN ACT
RELATING TO EDUCATION; AMENDING THE PUBLIC SCHOOL CODE TO REFLECT CURRENT PUBLIC SCHOOL ASSESSMENT PRACTICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2C-4 NMSA 1978 (being Laws 2003, Chapter 153, Section 13, as amended by Laws 2007, Chapter 306, Section 1 and by Laws 2007, Chapter 307, Section 3 and also by Laws 2007, Chapter 308, Section 3) is amended to read:
"22-2C-4. STATEWIDE ASSESSMENT AND ACCOUNTABILITY SYSTEM--INDICATORS--REQUIRED ASSESSMENTS--ALTERNATIVE ASSESSMENTS--LIMITS ON ALTERNATIVES TO ENGLISH LANGUAGE READING ASSESSMENTS.--
A. The department 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 public school and school district. Adequate yearly progress shall be determined primarily by student academic achievement, as demonstrated by statewide standards-based assessments; however, the department 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:
(1) for grades three through eight and for grade eleven, standards-based assessments in mathematics, reading and language arts and social studies;
(2) for grades three through eight, a standards-based writing assessment with the writing assessment scoring criteria applied to the extended response writing portions of the language arts standards-based assessments; and
(3) for one of grades three through five and six through eight and for grade eleven, standards-based assessments in science by the 2007-2008 school year.
C. The department shall involve appropriate licensed school employees in the development of the standards-based assessments.
D. Before August 5 of each year, the department shall provide student scores on all standards-based assessments taken during the prior school year and required in Subsection B of this section to students' respective school districts in order to make test score data available to assist school district staff with appropriate grade-level and other placement for the current school year.
E. All students shall participate in the academic assessment program. The department shall adopt standards for reasonable accommodations in standards-based assessments 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 department.
F. The department may allow students enrolled in an alternative school-to-work setting to demonstrate competency in reading and mathematics using a national career readiness assessment or an armed forces vocational aptitude assessment.
G. Students who have been determined to be limited English proficient may be allowed to take the standards-based assessment 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 assessment unless granted a waiver by the department based on criteria established by the department. An English language reading assessment waiver may be granted only for a maximum of two additional years and only on a case-by-case basis."
SECTION 2. Section 22-2C-4.1 NMSA 1978 (being Laws 2007, Chapter 307, Section 4 and Laws 2007, Chapter 308, Section 4, as amended) is amended to read:
"22-2C-4.1. STATEWIDE COLLEGE AND WORKPLACE READINESS ASSESSMENT SYSTEM.--
A. The department shall establish a readiness assessment system to measure the readiness of every New Mexico high school student for success in higher education or a career no later than the 2008-2009 school year. The department shall ensure that the readiness assessment system is aligned with state academic content and performance standards, college placement tests and entry-level career skill requirements. The readiness assessment system shall include, [the following components:
(1) in grade nine, a short-cycle diagnostic assessment in reading, language arts and mathematics to be locally administered in the fall and at least two additional times during the year;
(2) in grade ten, a short-cycle diagnostic assessment in reading, language arts and mathematics that also serves as an early indicator of college readiness, to be locally administered at least three times during the year; and
(3)] in grade eleven, in the fall, one or more of the following chosen by the student:
[(a)] (1) a college placement assessment;
[(b)] (2) a workforce readiness assessment; or
[(c)] (3) an alternative demonstration of competency using standards-based indicators.
B. All students [at the specified] in grade [level] eleven shall participate in the readiness assessment system at no cost to the student.
C. The department shall ensure that results of performance on readiness assessments [administered in grades nine and ten] are reported to students, parents and public schools [no later than four weeks following the date on which the assessments are administered] in a form that is easily understandable and useful in the next-step planning process. Reports of assessment results shall be provided to students and parents in writing whenever possible, but, if necessary, orally in the language best understood by each student and parent.
D. The department shall adopt standards for reasonable accommodations in the administration of readiness assessments for students with disabilities and limited English proficiency, including when and how accommodations may be applied.
E. In developing, selecting or approving the high school or college readiness assessments for school district or charter school use, the department may adopt commercially available standards-based assessments or approve a school district's or charter school's short-cycle assessments that meet the requirements of this section. The department shall involve appropriate licensed school employees in the development or selection of readiness assessments."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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