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

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE BY ADDING A NEW SECTION TO REQUIRE STUDENTS IN THE PUBLIC SCHOOLS TO BE PROFICIENT IN READING BY THE END OF THE THIRD GRADE; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] READING PROFICIENCY BY THIRD GRADE-- REQUIREMENT.--Prior to leaving the third grade, all students in public schools are required to be proficient in reading. The definition of reading proficiency shall be established by the state board. Only students with disabilities deemed incapable of being proficient in reading by the end of the third grade as determined by their educational instructor shall be exempted from this requirement. Additionally, students who have been assessed as non-English or limited English proficient using state-approved language assessments and meeting required thresholds shall be exempted from this requirement and provided an alternative program in their primary language."

Section 2. APPROPRIATION.--Three million dollars ($3,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2001 to fund a tutorial program in all school districts for students in public schools to be proficient in reading by the end of the third grade. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.