SENATE BILL 264

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Antonio Maestas

 

 

 

 

AN ACT

RELATING TO EDUCATION; CREATING THE ADULT HIGH SCHOOL DIPLOMA PILOT PROJECT; REQUIRING THE COLLECTION AND ANALYSIS OF STUDENT, PROGRAM AND INSTRUCTOR DATA TO DETERMINE THE EFFICACY OF THE ADULT HIGH SCHOOL DIPLOMA PILOT PROJECT; PROVIDING REPORTING REQUIREMENTS; CREATING A FUND; MAKING AN APPROPRIATION.

 

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

     SECTION 1. A new section of Chapter 21 NMSA 1978 is

enacted to read:

     "[NEW MATERIAL] ADULT HIGH SCHOOL DIPLOMA PILOT PROJECT.--

          A. The "adult high school diploma pilot project" is created as a pilot project administered by the higher education department to create a pathway for adults in New Mexico who have not earned a high school diploma of excellence to attend high school and earn a high school diploma of excellence. Adult students of the adult high school program may earn industry-recognized certificates of college credits. The pilot project will operate through partnerships between the higher education department, in collaboration with the corrections department, and community-based nonprofit organizations. The pilot project instruction shall be provided at no cost to the adult students who enroll in an adult high school program.

          B. The higher education department, in collaboration with the corrections department, shall award a grant pursuant to Subsection F of this section to a community-based nonprofit organization to operate an adult high school program if the community-based nonprofit organization does the following:

                (1) operates the program in a state or private correctional facility;

                (2) contributes funding annually for operating and facility costs;

                (3) hires licensed teachers and other school personnel, including life coaches to help adult students navigate academic and personal challenges;

                (4) proposes a separate academic accountability system;

                (5) abides by the minimum graduation requirements established by the higher education department;

                (6) uses an evidence-based educational model that a third-party evaluator has proven effective through a randomized, controlled trial or an experimental study;

                (7) provides direct, in-person instruction;

                (8) consults with a nonprofit organization that has implemented an evidence-based educational model for adult students with proven effectiveness in another state;

                (9) serves a maximum of one hundred students;

                (10) complies with state and federal laws concerning students with disabilities, including students with accommodations pursuant to Section 504 of the federal Rehabilitation Act of 1973;

                (11) creates individualized education programs for adult students with disabilities;

                (12) collaborates with the corrections department to provide adult students access to industry certifications and dual college credit;

                (13) funds industry-recognized and career and technical education certificate programs at no cost to adult students; and

                (14) creates a plan in collaboration with post-secondary educational institutions to authorize teachers to teach courses for college credit.

          C. On or before July 1, 2025, the higher education department, in collaboration with the corrections department, shall create academic accountability standards for the adult high school programs, which shall include:

                (1) graduation rate metrics that measure the graduation ratio of the entire adult student population;

                (2) post-secondary and workforce readiness metrics that measure the percentage of graduates who earn either an industry-recognized certificate or at least three college credits; and

                (3) student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender and disability.

          D. On or before July 1, 2026 and each July 1, thereafter, an adult high school program shall report program data to the higher education department, including the following:

                (1) student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender and disability;

                (2) the accountability measure data described in Subsection C of this section; and

                (3) the number of industry-recognized certificates, college credits, high school diplomas and overall average attainment of high school credits that adult students earn each term.

          E. On or before September 15, 2024, the higher education department, in collaboration with the corrections department, shall establish a fair and transparent application process to use when selecting an adult high school program to participate in the adult high school diploma pilot project. The application process shall include the following:

                (1) a plan for enrollment of adult students, including adult students with disabilities;

                (2) proposed curriculum and academic accountability standards for a student-centered course of study that results in a New Mexico high school diploma of excellence;

                (3) evidence of the effectiveness of the evidence-based educational model to be implemented;

                (4) a plan to hire and maintain a staff of licensed teachers and other school personnel; and

                (5) proof of access to the money annually required to contribute to the program.

          F. On or before November 1, 2024, the higher education department, in collaboration with the corrections department, shall select the adult high school programs that will participate in the adult high school diploma pilot project. On or before January 15, 2025, the higher education department, in collaboration with the corrections department, shall award a grant to the adult high school programs selected to participate in the adult high school diploma pilot project and carry out the responsibilities pursuant to this section.

          G. On or before November 30, 2025, and each year thereafter, the higher education department shall report on the efficacy of the adult high school diploma pilot project to the governor, the legislature and the legislative education study committee. The report shall contain the following information:

                (1) demographic data of students currently enrolled in the adult high school diploma pilot project;

                (2) demographic data of students who graduated from the adult high school program;

                (3) accountability measure data described in Subsection C of this section;

                (4) the number of industry-recognized certificates, college credits and overall average attainment of high school credits that adult students earn each term; and

                (5) any recommendations for legislation regarding the pilot project.

          H. The higher education department, in collaboration with the corrections department and the public education department, shall promulgate rules for the administration of the adult high school diploma pilot project, minimum graduation requirements for adult students to receive a high school diploma of excellence, the collection and analysis of student, program and instructor data and required reporting by participating organizations.

          I. As used in this section:

                (1) "adult high school program" means a higher-education-department-approved adult high school program offered by a community-based nonprofit organization;

                (2) "adult student" means an adult who has reached the age of twenty-two prior to the start of the school year; and

                (3) "community-based nonprofit organization" means a New Mexico community-based, tax-exempt charitable or social welfare organization operating under Section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code of 1986."

     SECTION 2. A new section of Chapter 21 NMSA 1978 is

enacted to read:

     "[NEW MATERIAL] ADULT HIGH SCHOOL DIPLOMA FUND--CREATED.-- The "adult high school diploma fund" is created in the state treasury until the end of the adult high school diploma pilot project. The fund consists of appropriations, gifts, grants and donations. The higher education department shall administer the fund, and money in the fund is appropriated to the higher education department, in collaboration with the corrections department, to carry out the adult high school diploma pilot project and provide grants to school districts, charter schools and community-based nonprofit organizations participating in the pilot project. Expenditures from the fund shall be on warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designated representative."

     SECTION 3. APPROPRIATION.--Five million dollars ($5,000,000) is appropriated from the general fund to the adult high school diploma fund for expenditure in fiscal years 2024 through 2031 to fund the adult high school diploma pilot project. Any unexpended or unencumbered balance remaining at the end of fiscal year 2031 shall revert to the general fund.

     SECTION 4. DELAYED REPEAL.--Sections 1 and 2 of this act are repealed effective July 1, 2031.

- 8 -