44th legislature - STATE OF NEW MEXICO - second session, 2000
RELATING TO EDUCATIONAL STANDARDS; REQUIRING STUDENTS TO ATTAIN A LEVEL OF PROFICIENCY REQUIRED BY ESTABLISHED CONTENT STANDARDS; PROVIDING FOR REMEDIATION AND ACADEMIC IMPROVEMENT PROGRAMS; PROVIDING FOR STUDENT ASSISTANCE TEAMS; RESTRICTING PROMOTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-2-8.6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is amended to read:
"22-2-8.6. [ESSENTIAL COMPETENCIES] EDUCATIONAL CONTENT
STANDARDS--REMEDIATION PROGRAMS--PROMOTION POLICIES--[EXCEPTION] RESTRICTIONS.--
A. The state board shall identify [measurable
essential competencies and determine the criteria for mastery
of the essential competencies as established in the state]
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 [develop] approve
district-developed remediation programs and academic
improvement programs to provide special instructional
assistance to students in grades one through eight who fail
to [master the essential competencies as established by the
state board. Remediation programs may include but not be
limited to tutoring or summer programs] attain a level of
proficiency established by the content standards. The cost
of [school district-approved] remediation programs and
academic improvement programs shall be borne by the school
district. Remediation [plans shall be filed with the state
board] 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 [after-school] 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 [shall]
may serve as [a criterion] 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, 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.
[E.] F. At the end of grades one through [eight,
there are] seven, three options are available, dependent on a
student's [mastery] attainment of [essential competencies]
the required level of proficiency established by the content
standards:
(1) the student has [mastered the essential
competencies] attained the level of proficiency required by
the content standards and shall enter the next higher grade;
(2) the student has not [mastered the
essential competencies and may] 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 [mastered] overcome his areas of
deficiency, he shall enter the next higher grade; or
(3) the student has not [mastered the
essential competencies] 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 [retained in the same grade for no more than one
school year in order to have an additional opportunity to
master the essential competencies, at which time the student
shall enter the next higher grade.
F. Any student who has participated in remediation
programs pursuant to Paragraph (2) of Subsection E of this
section and for whom retention is recommended shall be
afforded an opportunity for a parent-teacher conference for
the purpose of outlining the options available for the
student and explaining the grounds for the recommendation of
retention. A parent or guardian who refuses to allow his
child to be retained pursuant to Paragraph (3) of Subsection
E of this section shall sign a waiver indicating that the
child's promotion is against the specific advice and
recommendation of the certified school instructor and the
school principal]:
(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. 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 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 workforce 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.
[G. Any] H. A student who fails to [master the
essential competencies] 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 [state
board] 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 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."