44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO EDUCATIONAL STANDARDS; REQUIRING STUDENTS TO ATTAIN PROFICIENCY OF STANDARDS; PROVIDING FOR REMEDIATION AND ACADEMIC IMPROVEMENT PROGRAMS; REPLACING THE MEASURE OF MASTERY OF ESSENTIAL COMPETENCIES; 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 STANDARDS--REMEDIATION PROGRAMS--ACADEMIC IMPROVEMENT PROGRAMS--PROMOTION POLICIES--EXCEPTION.--

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] standards as measured by the state assessment program and establish performance levels for proficiency. Remediation programs, academic improvement programs and promotion policies shall be 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 proficiency of 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 assessment instrument administered pursuant to Section

22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the need for remedial programs or retention.]

D. A parent or guardian shall be notified no later than the end of the first grading period that his child is failing to attain appropriate grade level proficiency of standards. The teacher shall discuss with the parent or guardian possible remediation programs available to improve the student's attainment of proficiency of standards. Specific academic deficiencies and remediation strategies must be agreed upon by the student's parent or guardian and a written plan developed containing timelines, academic expectations and the measurements used to verify that a student has overcome his academic deficiencies. Remediation programs and academic improvement programs include tutoring, extended day programs, summer programs and other research-based models for student improvement.

E. 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] proficiency of standards as follows:

(1) the student has [mastered the essential competencies] attained proficiency of standards and shall enter the next higher grade;

(2) the student has not [mastered the essential competencies and may] attained proficiency of standards and shall participate in 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 proficiency of standards upon completion of a prescribed remediation program and upon the recommendation of the [certified school instructor] student assistance team 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 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 standards at the end of the school year shall be retained in the same grade for no more than one school year in order to have additional time to master the required standards.

F. At the end of the eighth grade, a student who fails to attain proficiency of standards shall be retained in the eighth grade for no more than one school year in order to attain proficiency of standards. 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] A student who fails to [master the essential competencies] attain proficiency of 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.

H. 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.

I. For the purposes of this section:

(1) "academic improvement plan" means a written document developed by the student assistance team that describes the specific academic standards that a student has not achieved to be at a certain grade level and that prescribes specific remediation programs such as summer school, extended day school and tutoring;

(2) "alternative school-district-determined assessment results" means the results of student assessments determined by a local school board to be conducted at any 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."