45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO PUBLIC EDUCATION; SETTING STANDARDS; REQUIRING ASSESSMENT AND ACCOUNTABILITY; CREATING SCHOOL PARTNERSHIP COUNCILS; PROVIDING FOR FAMILY AND YOUTH RESOURCE PROGRAMS; PROVIDING FOR SCHOOL AND BUSINESS PARTNERSHIP PROGRAMS; INCREASING TEACHER SALARIES; REQUIRING INCREASED PROFESSIONAL DEVELOPMENT; PROVIDING FOR A DISTINGUISHED EDUCATORS PROGRAM; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-1-1 NMSA 1978 (being Laws 1967, Chapter 16, Section 1, as amended) is amended to read:
"22-1-1. PUBLIC SCHOOL CODE.--Chapter [77 NMSA 1953] 22
NMSA 1978 may be cited as the "Public School Code"."
Section 2. A new Section 22-1-1.2 NMSA 1978 is enacted to read:
"22-1-1.2. [NEW MATERIAL] LEGISLATIVE FINDINGS AND
PURPOSE.--
A. The legislature finds that it is in the best interest of the state and its citizens that all children in New Mexico be provided every available educational opportunity necessary for their advancement as responsible and productive citizens; that the preservation of the social compact established in the constitution of New Mexico requires a well-educated citizenry whose minds are trained, sharpened and focused to understand, respect and promote these great and essential principles; that the constitutional framers, in recognition of these interests, provided for a uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state; and that no education system can be sufficient for the education of all the children unless it is founded on the sound principle that every child can learn and the system must meet the needs of all children by recognizing that student achievement by every child is the fundamental goal.
B. The legislature finds further that a successful education system requires properly sized learning communities that engage the needs, strengths and visions of all students through the use of necessary resources where everyone is responsible and accountable for achievement.
C. The legislature finds further that the essential components of a comprehensive and integrated education system include:
(1) learning communities that are characterized by the belief that every child can learn; children who are learning at high levels and graduates who succeed in work and post-secondary education; teachers who guide, coach and prompt students and who feel engaged in a challenging intellectual endeavor in which they make important decisions and accept responsibility for the achievement of their students; technology that expands learning beyond the classroom walls and makes achievement accessible to more students; teaching and assessment strategies that emphasize intellectual accomplishment for post-secondary education, productive employment and good citizenship; a student code of conduct that results in a positive learning environment and is supported by a school environment that breeds good behavior encouraged by sound discipline policies; and recognition that while all children should be taught to the same high standards, strategies will vary from student to student, school to school and district to district;
(2) schools that are characterized by high expectations for all students; parents and guardians who are involved and active at every level; an emphasis on high quality, nurturing relationships; comprehensive support for the whole child; and time for teacher collaboration and reflective practice;
(3) organizational patterns throughout a school district that foster teaching and learning across the pre-kindergarten through twelfth grade continuum; a focus on student transitions from home to school, school to school and school to work or higher education; leverage services and supports through shared school- and community-based resources; initiatives to accelerate learning for at-risk students; and coordinated supports for families and children; and
(4) a central office that is organized to ensure equity, defined as high achievement for all students, and ensure accountability through clearly articulated statewide achievement standards measured by sound assessment strategies and results recognized by rewards, sanctions and supports; and to deliver responsive, high quality and efficient support services to schools and learning communities with an instructional focus.
D. It is the purpose of this 2001 reform legislation to advance these principles on behalf of every child in public schools in New Mexico and to promote the achievement of all students by establishing a legislative framework within which the education system of this state will be guided by interrelated and integrated components intended to form the basis of a plan of action through the leadership and vision of the state, school boards, school administrators, teachers, instructional support providers, other school personnel, parents and community and civic leaders. Through this 2001 act, the legislature intends to enhance the public education system by making provisions for:
(1) more responsive and responsible school governance;
(2) effective accountability for achievement related to standards that demand high expectations of achievement by all students and measured by performance-driven assessments;
(3) intensive and sustained professional development;
(4) preparation of preschool- and school-age children for the learning environment;
(5) community and support services;
(6) instructional and technological materials;
(7) parental involvement;
(8) public involvement; and
(9) resource support and development.
E. Nothing in this 2001 act shall be construed to apply to students who are home schooled pursuant to Section 22-1-2.1 NMSA 1978."
Section 3. Section 22-1-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 2, as amended) is repealed and a new Section 22-1-2 NMSA 1978 is enacted to read:
"22-1-2. [NEW MATERIAL] DEFINITIONS.--As used in the Public School Code:
A. "commercial advertiser" means a person who advertises a product or service for profit or not for profit and has a permitted advertisement;
B. "department" means the state department of public education;
C. "forty-day report" means the report of qualified student membership of each school district and of those eligible to be qualified students but enrolled in a private school or a home school for the first forty days of school;
D. "home school" means the operation by the parent of a school-age person of a home study program of instruction that provides a basic academic educational program, including reading, language arts, mathematics, social studies and science;
E. "instructional support provider" means a person who is employed to support the instructional program of a school district, including educational assistant, librarian, school counselor, social worker, school nurse, speech-language pathologist, psychologist, physical therapist, occupational therapist, recreational therapist, interpreter for the deaf and diagnostician;
F. "licensed school employee" means teachers, school administrators and instructional support providers;
G. "local school board" means the policy-setting body of a school district;
H. "local superintendent" means the chief executive officer of a school district;
I. "parent" includes a guardian or other person having custody and control of a school-age person;
J. "private school" means a school, other than a home school, that offers on-site programs of instruction and that is not under the control, supervision or management of a local school board;
K. "public school" means that part of a school district that is a single attendance center where instruction is offered by one or more teachers and is discernible as a building or group of buildings generally recognized as either an elementary, middle, junior high or high school or any combination of those;
L. "school" means any supervised program of instruction designed to educate a student in a particular place, manner and subject area;
M. "school administrator" means a person licensed to administer in a school district and includes school principals and central district administrators;
N. "school-age person" means a person who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent. A maximum age of twenty-one shall be used for a person who is classified as special education membership as defined in Section 22-8-2 NMSA 1978 or as a resident of a state institution;
O. "school building" means a public school, an administration building and related school structures or facilities, including teacher housing, that is owned, acquired or constructed by the school district as necessary to carry out the functions of the school district;
P. "school bus private owner" means a person, other than a school district, the department, the state or any other political subdivision of the state, that owns a school bus;
Q. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes;
R. "school employee" includes licensed and nonlicensed employees of a school district;
S. "school partnership council" means the school partnership council for excellence in education;
T. "school principal" means the chief instructional leader and administrative head of a public school;
U. "school year" means the total number of contract days offered by public schools in a school district during a period of twelve consecutive months;
V. "state agency" or "state institution" means the New Mexico military institute, New Mexico school for the visually handicapped, New Mexico school for the deaf, New Mexico boys' school, girls' welfare home, New Mexico youth diagnostic and development center, Sequoyah adolescent treatment center, Carrie Tingley crippled children's hospital, Las Vegas medical center and any other state agency responsible for educating resident children;
W. "state board" means the state board of education;
X. "state educational institution" means an institution enumerated in Article 12, Section 11 of the constitution of New Mexico;
Y. "state superintendent" means the superintendent of public instruction;
Z. "substitute teacher" means a person who holds a certificate to substitute for a teacher in the classroom;
AA. "teacher" means a person who holds a license to teach and whose primary duty is classroom instruction or the supervision, below the school principal level, of an instructional program;
BB. "certified school instructor" means a teacher or instructional support provider;
CC. "certified school employee" or "certified school personnel" means a licensed school employee;
DD. "consolidated school district" means a school district created by order of the state board through the consolidation of one or more existing school districts; and
EE. "consolidation" means the combination of part or all of the geographical area of an existing school district with part or all of the geographical areas of one or more contiguous existing school districts."
Section 4. Section 22-2-8 NMSA 1978 (being Laws 1967, Chapter 16, Section 11) is amended to read:
"22-2-8. EDUCATIONAL STANDARDS.--
A. The state board shall prescribe minimum
educational standards as recommended by the council on school
performance standards for all public schools in the state. A
copy of these educational standards shall be furnished by the
department [of education] to each local school board and
school partnership council.
B. The state board shall prepare and distribute to school districts a model curriculum to provide guidance in meeting minimum educational standards. Adoption and use of the model is voluntary. The model curriculum shall include teaching and assessment strategies, instructional material and resources, ideas for incorporating community resources, a directory of model teaching sites and alternative uses of school time. The department shall identify research-based instructional strategies for which there is evidence that if faithfully implemented, student achievement will improve. The educational standards shall include minimum standards for the following areas:
[A. curriculum;
B.] (1) organization and administration of
education;
[C.] (2) the keeping of records, other than
financial records; [prescribed by the chief
D.] (3) membership accounting;
[E.] (4) teacher preparation;
[F.] (5) the physical condition of public
school buildings and grounds; and
[G.] (6) educational facilities of public
schools, including laboratories and libraries."
Section 5. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended) is amended to read:
"22-2-8.1. LENGTH OF SCHOOL DAY--MINIMUM.--
A. Regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:
(1) kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs, five and one-half hours per day or nine hundred ninety hours per year; and
(2) grades one through [six, five and one-half] twelve, six hours per day or [nine hundred ninety hours
per year; and
(3) grades seven through twelve, six hours
per day or] one thousand eighty hours per year.
B. Nothing in this section precludes a local school board or a school partnership council from setting length of school days in excess of the minimum requirements established by Subsection A of this section.
C. The state superintendent may waive the minimum length of school days in those districts where such minimums would create undue hardships as defined by the state board."
Section 6. Section 22-2-8.2 NMSA 1978 (being Laws of 1986, Chapter 33, Section 3, as amended) is amended to read:
"22-2-8.2. STAFFING PATTERNS--CLASS LOAD--TEACHING LOAD.--
A. The individual class load for elementary school
teachers shall not exceed [twenty] seventeen students for
kindergarten [provided that any teacher in kindergarten with a
class load of fifteen to twenty students shall be entitled to
the assistance of an instructional assistant].
B. The average class load for elementary school
teachers at an individual school shall not exceed [twenty-two]
seventeen students when averaged among grades one, two and
three [provided that any teacher in grade one with a class
load of twenty-one or more shall be entitled to the full-time
assistance of an instructional assistant].
C. [Effective with the 1994-95 school year] The
average class load for an elementary school teacher at an
individual school shall not exceed twenty-four students when
averaged among grades four, five and six.
D. The daily teaching load per teacher for grades
seven through twelve shall not exceed one hundred sixty
students, except the daily teaching load for teachers of
required English courses in grades seven and eight shall not
exceed one hundred thirty-five with a maximum of twenty-seven
students per class and the daily teaching load for teachers of
required English courses in grades nine through twelve shall
not exceed [one hundred fifty] eighty students [with a maximum
of thirty students per class].
E. Students receiving special education services integrated into a regular classroom for any part of the day shall be counted in the calculation of class load averages. Students receiving special education services not integrated into the regular classroom shall not be counted in the calculation of class load averages. Only classroom teachers charged with responsibility for the regular classroom instructional program shall be counted in determining average class loads. In elementary schools offering only one grade level, average class loads may be calculated by averaging appropriate grade levels between schools in the school district.
F. The state superintendent may waive the individual school class load requirements established in this section. Waivers shall be applied for annually and a waiver shall not be granted for more than two consecutive years. Waivers may only be granted if a school district demonstrates:
(1) no portable classrooms are available;
(2) no other available sources of funding exist to meet its need for additional classrooms;
(3) the district is planning alternatives to increase building capacity for implementation within one year; and
(4) the parents of all children affected by the waiver have been notified in writing:
(a) of the statutory class load requirements;
(b) that the school district has made a decision to deviate from these class load requirements; and
(c) of the school district plan to achieve compliance with the class load requirements.
G. If a waiver is granted pursuant to Subsection F of this section to an individual school, the average class load for elementary school teachers at that school shall not exceed twenty students in grade one and shall not exceed twenty-five students when averaged among grades two, three, four, five and six.
H. Each school district shall report to the
department [of education] the size and composition of classes
subsequent to the fortieth day and the December 1 count.
Failure to meet class load requirements within two years shall
be justification for the disapproval of the school district's
budget by the state superintendent.
I. The department [of education] shall report to
the legislative education study committee by November 30 of
each year regarding each school district's ability to meet
class load requirements imposed by law.
J. Notwithstanding the provisions of Subsection F
of this section, the state board may waive the individual
class load and teaching load requirements established in this
section upon a demonstration of a viable alternative
curricular plan and a finding by the state board that the plan
is in the best interest of the school district and that, on an
annual basis, the plan has been presented to and is supported
by the affected teaching staff. The department [of education]
shall evaluate the impact of each alternative curricular plan
annually. Annual reports shall be made to the legislative
education study committee.
K. [Effective with the 1987-88 school year,
certified school instructors] Teachers shall not be required
to perform noninstructional duties except in emergency
situations as defined by the state board. For purposes of
this subsection, "noninstructional duties" means noon hall
duty, noon ground duty and noon cafeteria duty."
Section 7. Section 22-2-8.4 NMSA 1978 (being Laws 1986, Chapter 33, Section 5, as amended) is amended to read:
"22-2-8.4. GRADUATION REQUIREMENTS.--
A. At the end of the eighth grade or during the
ninth grade, each student shall prepare an individual program
of study for grades nine through twelve. The program of study
shall be signed by a student's parent [or guardian].
B. Beginning with students entering the ninth
grade in the [1986-87] 2001-2002 school year, successful
completion of a minimum of [twenty-three] twenty-seven units
shall be required for graduation. These units shall be as
follows:
(1) four units in English, with major emphasis on grammar and literature;
(2) three units in mathematics at algebra I level or higher;
(3) [two] three units in science, one of
which shall have a laboratory component;
(4) [three] four units in social science,
which shall include United States history and geography, world
history and geography, and government and economics;
(5) one unit in physical fitness;
(6) one unit in communication skills, with
major emphasis on writing and speaking [which may include a
language other than English; and];
(7) two units in a foreign language;
(8) one unit of student service learning; and
[(7) nine] (9) eight elective units. Only
the following elective units shall be counted toward meeting
the requirements for graduation: fine arts, i.e., music,
band, chorus and art; practical arts; physical education;
languages other than English; speech; drama; vocational
education; mathematics; science; English; R.O.T.C.; social
science; computer science; health education; American sign
language; and other electives approved by the state board.
C. With the approval of the local school board, participation on an athletic team or in an athletic sport during the school day may count toward fulfillment of the physical education required unit.
[C.] D. Final examinations shall be administered
to all students in all classes offered for credit.
[D. Beginning with students entering the ninth
grade in the 1986-87 school year]
E. No student shall receive a high school diploma
who has not passed a state competency examination in the
subject areas of reading, English, math, science and social
science. [Beginning with the 1996-97 school year] The state
competency examinations on social science shall include a
section on the constitution of the United States and the
constitution of New Mexico. If a student exits from the
school system at the end of grade twelve without having passed
a state competency examination, he shall receive an
appropriate state certificate indicating the number of credits
earned and the grade completed. If within five years after a
student exits from the school system he takes and passes the
state competency examination, he may receive a high school
diploma.
[E.] F. The state board may establish a policy
to provide for administrative interpretations to clarify
curricular and testing provisions of the Public School
Code."
Section 8. Section 22-2-8.6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is amended to read:
"22-2-8.6. EDUCATIONAL CONTENT AND PERFORMANCE
STANDARDS--[REMEDIATION PROGRAMS] EXTENDED LEARNING
SERVICES--PROMOTION POLICIES--RESTRICTIONS.--
A. The state board shall identify educational
content and performance standards as measured by the state
assessment program and establish performance levels of
proficiency [Remediation programs] as recommended by the
council on school assessments. Extended learning services,
academic improvement programs and promotion policies shall
be aligned with content and performance 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] partnership councils
shall approve [district-developed remediation programs]
extended learning services and academic improvement programs
to provide special instructional assistance to students in
grades one through [eight] twelve who fail to attain a level
of proficiency established by the [content] standards. The
cost of [remediation programs] extended learning services
and academic improvement programs shall be borne by the
school district. [Remediation programs] Extended learning
services 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 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.] C. Diagnosis of weaknesses identified by the
reading or writing performance assessment instrument
administered pursuant to Section 22-2-8.5 NMSA 1978 may
serve as criteria in assessing the need for [remedial
programs] extended learning services or retention.
[E.] D. 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 and performance standards, and a
conference consisting of the parent [or guardian] and the
teacher shall be held to discuss possible [remediation
programs] extended learning services available to assist the
student in attaining the required level of proficiency
established by the content and performance standards.
Specific academic deficiencies and [remediation] extended
learning 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] Extended learning
services and academic improvement programs include tutoring,
extended day or week programs, summer programs and other
research-based models for student improvement.
[F.] E. At the end of grades one through seven,
three options are available, dependent on a student's
attainment of the required level of proficiency established
by the content and performance standards:
(1) the student has attained the level of proficiency required by the content and performance standards and shall enter the next higher grade;
(2) the student has not attained the
required level of proficiency and shall participate in the
required level of [remediation] extended learning. Upon
certification by the school district that the student has
successfully overcome his areas of deficiency, he shall
enter the next higher grade; or
(3) the student has not attained the level
of proficiency required by the content and performance
standards upon completion of the prescribed [remediation
programs] extended learning services and upon the
recommendation of the certified school instructor and school
principal shall either be:
(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 and performance 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 and performance 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 and performance standards.
[G.] F. At the end of the eighth grade, a
student who fails to attain proficiency of content and
performance standards shall be retained in the eighth grade
for no more than one school year in order to attain
proficiency of content and performance 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.
[H.] G. A student who fails to attain
proficiency of content and performance 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; provided that the student
shall continue to be considered as part of his regular
school student population for purposes of calculating the
regular school's performance record for accountability
purposes. Alternative program plans shall be filed with the
department [of education].
[I.] 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.
[J.] 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 content and performance 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]."
Section 9. Section 22-5-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 28, as amended) is amended to read:
"22-5-4. LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local school board shall have the following powers or duties:
A. subject to the [regulations] rules of the
state board, [supervise and control all public schools
within the school district and all property belonging to or
in the possession of the school district] set policy for the
school district;
B. employ a local superintendent [of schools]
for the school district and fix his salary and terminate or
discharge him, subject to the approval of the state
superintendent;
C. delegate administrative and supervisory
functions of the local school board to the local
superintendent; [of schools;
D. subject to the provisions of law, approve or
disapprove the employment, termination or discharge of all
employees and certified school personnel of the school
district upon a recommendation of employment, termination or
discharge by the superintendent of schools; provided that
any employment relationship shall continue until final
decision of the board. Any employment, termination or
discharge without the prior recommendation of the
superintendent is void;
E. apply to the state board for a waiver of
certain provisions of the Public School Code relating to
length of school day, staffing patterns, subject area or the
purchase of instructional materials for the purpose of
implementing a collaborative school improvement program for
an individual school;
F. fix the salaries of all employees and
certified school personnel of the school district;
G. contract, lease, purchase and sell for the
school district;
H.] D. acquire and dispose of property;
[I.] E. have the capacity to sue and be sued;
[J.] F. acquire property by eminent domain [as]
pursuant to the procedures provided in the Eminent Domain
Code;
[K.] G. issue general obligation bonds of the
school district;
[L.] H. provide for the repair and [maintain]
maintenance of all property belonging to the school
district;
[M.] I. for good cause and upon order of the
district court, subpoena witnesses and documents in
connection with a hearing concerning any powers or duties of
the local school boards;
[N. except for expenditures for salaries,
contract for]
J. receive periodic reports from the local superintendent on the expenditure of money according to the provisions of the Procurement Code;
[O.] K. adopt [regulations] rules pertaining to
the administration of all powers or duties of the local
school board;
[P.] L. accept or reject any charitable gift,
grant, devise or bequest for the school district, and the
particular gift, grant, devise or bequest accepted shall be
considered an asset of the school district [or the public
school to which it is given; and];
M. upon recommendation of a school partnership council, accept or reject any charitable gift, grant, devise or bequest for a school if the gift, grant, devise or bequest would bind the school to a match requirement or other expenditure of money that would have to be paid from state or school district funds. If accepted, the gift, grant, devise or bequest shall be considered an asset of the school to which it is given; and
[Q.] N. offer and, upon compliance with the
conditions of such offer, pay rewards for information
leading to the arrest and conviction or other appropriate
disciplinary disposition by the courts or juvenile
authorities of offenders in case of theft, defacement or
destruction of school district property. All such rewards
shall be paid from school district funds in accordance with
[regulations] rules that shall be promulgated by the
department [of education]."
Section 10. A new Section 22-5-4.1 NMSA 1978 is enacted to read:
"22-5-4.1. [NEW MATERIAL] LOCAL SUPERINTENDENT--POWERS AND DUTIES.--
A. The local superintendent shall:
(1) carry out the policies and rules of the state board and local school board;
(2) administer and supervise the school district;
(3) provide assistance and support to public schools in the performance of their duties and meeting of their goals;
(4) employ, assign, terminate or discharge all nonschool-based employees of the school district;
(5) employ, assign, terminate or discharge school principals after consultation with the school partnership council of the school to which the school principal is assigned;
(6) fix the salaries of all employees of the school district, including all final authority to bargain collectively with employee organizations subject to any minimum salary requirements, within budgetary constraints;
(7) prepare the school district budget, incorporating the budget submissions by each public school in the school district for purposes of reporting and accounting to the state; and
(8) perform other duties as required by law, the department or the local school board.
B. At the request of a school partnership council, the local superintendent may apply to the state board for a waiver of certain provisions of the Public School Code relating to length of school day, staffing patterns, subject area or the purchase of instructional materials for the purpose of implementing a collaborative school improvement program for an individual school."
Section 11. Section 22-5-4.3 NMSA 1978 (being Laws 1986, Chapter 33, Section 9, as amended) is amended to read:
"22-5-4.3. SCHOOL DISCIPLINE POLICIES.--
A. [Local school boards] The local
superintendent shall establish student discipline policies
and shall file them with the department [of education]. The
[local school board] local superintendent shall involve
parents, school personnel and students in the development of
these policies, and public hearings shall be held during the
formulation of these policies in the high school attendance
areas within each district or on a district-wide basis for
those districts that have no high school.
B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include corporal punishment, in-school suspension, school service, suspension or expulsion.
C. [An individual] Each school [within a
district] partnership council may establish a school
discipline policy [provided that] if parents, school
personnel and students are involved in its development and a
public hearing is held in the public school prior to its
adoption. If [an individual] a school partnership council
adopts a discipline policy in addition to the [local] school
[board's] district discipline policy, it shall submit its
policy to the local [school board] superintendent for
approval.
D. No school employee who in good faith reports
any known or suspected violation of [the school] a
discipline policy or in good faith attempts to enforce the
policy shall be held liable for any civil damages as a
result of such report or of his efforts to enforce any part
of the policy."
Section 12. A new Section 22-5A-1 NMSA 1978 is enacted to read:
"22-5A-1. [NEW MATERIAL] SHORT TITLE.--Chapter 22, Article 5A NMSA 1978 may be cited as the "School Partnership Council Act"."
Section 13. A new Section 22-5A-2 NMSA 1978 is enacted to read:
"22-5A-2. [NEW MATERIAL] DEFINITIONS.--As used in the School Partnership Council Act:
A. "council" means the school partnership council for excellence in education; and
B. "immediate family member" means a spouse, child, mother, father or sibling."
Section 14. A new Section 22-5A-3 NMSA 1978 is enacted to read:
"22-5A-3. [NEW MATERIAL] SCHOOL PARTNERSHIP COUNCILS--CREATED--MEMBERSHIP--QUALIFICATIONS--OFFICERS.--
A. Each school district shall adopt rules for the establishment of a "school partnership council for excellence in education" at each public school within the school district. The rules shall be adopted prior to the first day of the 2002-2003 school year. Council elections shall be held for each public school in November 2002 for terms beginning in the 2003-2004 school year; thereafter, elections shall be held in September.
B. The council of a public elementary, middle or junior high school shall be composed of the school principal, who shall serve ex officio; three teachers in the public school and two parents of students in the public school. The council of a public high school shall be composed of the school principal, who shall serve ex officio; four teachers in the public school; three parents of students in the public school and the president of the student council or similar student organization, who shall serve ex officio and shall be nonvoting.
C. A teacher who is assigned to the public school for at least seventy-five percent of the school day is eligible for membership on the council. All teachers who are assigned to the public school for at least seventy-five percent of the school day may vote for the teacher candidates. At the discretion of the local superintendent, the collective bargaining unit that represents teachers at the public school may administer the election. The collective bargaining unit may monitor the election.
D. Except as provided in Subsection E of this section, a parent who has a child enrolled and attending the public school is eligible for membership on the council. Parents shall be elected by a majority vote of at least thirty percent of the parents of students in the public school.
E. Members of the local school board and their immediate family members are not eligible for membership on a council. Except for school principal and teacher members, employees of the school district and their immediate family members are not eligible for membership on a council.
F. If not enough members are elected to the council, the school principal, subject to the approval of the local superintendent, shall appoint as many teachers and parents as may be necessary; provided that the appointees shall reflect the diversity of the public school student population and shall otherwise meet the qualifications set forth in this section.
G. The terms of office shall be:
(1) for teachers on a public elementary, middle or junior high school council, the initial terms shall be assigned in a manner that provides for the election of one teacher for a one-year term and two teachers for two-year terms; thereafter, terms shall be for two years;
(2) for parents on a public elementary, middle or junior high school council, the initial terms shall be assigned in a manner that provides for the election of one parent for a one-year term and one parent for a two-year term; thereafter, terms shall be for two years;
(3) for teachers on a public high school council, the initial terms shall be assigned in a manner that provides for the election of two teachers for one-year terms and two teachers for two-year terms; thereafter, terms shall be for two years; and
(4) for parents on a public high school council, the initial terms shall be assigned in a manner that provides for the election of one parent for a one-year term and two parents for two-year terms; thereafter, terms shall be for two years.
H. Members of a council shall serve without compensation.
I. The school principal shall serve as chairman of the council. The members shall elect the vice chairman. The council shall elect a secretary, who does not have to be a member of the council. School employees shall assist the council as requested."
Section 15. A new Section 22-5A-4 NMSA 1978 is enacted to read:
"22-5A-4. [NEW MATERIAL] VACANCIES.--
A. A vacancy occurs if a member does not meet the eligibility requirements of office or if a member dies, resigns or is removed as a council member.
B. Except in cases where a vacancy results from removal of a member by the state superintendent following classification of the school as educationally distressed, appointments to fill a vacancy shall be made within forty-five days of the vacancy by a majority vote of the council. Appointments shall be for the unexpired term of office. If the council fails to fill a vacancy within the time specified, the school principal, with approval of the local superintendent, shall make the appointment. Persons appointed to fill vacancies shall meet the same requirements and qualifications as the original member. If a vacancy results from removal of a member by the state superintendent following classification of a school as educationally distressed, the state superintendent shall appoint a person to fill the vacant position for the unexpired term of office."
Section 16. A new Section 22-5A-5 NMSA 1978 is enacted to read:
"22-5A-5. [NEW MATERIAL] COUNCIL TRAINING MANDATORY.--
A. A person elected or appointed to a council for the first time shall complete a minimum of six hours of department-approved training in the process of school-based decision-making. Incumbent members and members who have served on a council previously shall complete a minimum of three hours of department-approved training in the process of school-based decision-making. The training shall be completed no later than thirty days after the beginning of the term of the member. Members who have been appointed to fill vacancies shall complete the applicable training within thirty days of appointment. A certificate of training shall be filed with the school principal.
B. Failure to complete training or to file a certificate of training shall be cause for removal of the member, and the school principal shall declare a vacancy.
C. The provisions of this section shall not be waived."
Section 17. A new Section 22-5A-6 NMSA 1978 is enacted to read:
"22-5A-6. [NEW MATERIAL] COUNCIL ORGANIZATION--MEETINGS.--
A. At least thirty days prior to the beginning of a school term, the chairman shall convene a meeting to organize the council. Regular meetings of the council shall be held at least once a month. Special meetings may be called by the chairman and shall be called by the chairman upon the written request of a majority of the members.
B. The council shall set aside a predetermined time period at each meeting during which public comment is allowed.
C. The council is subject to the provisions of the Open Meetings Act."
Section 18. A new Section 22-5A-7 NMSA 1978 is enacted to read:
"22-5A-7. [NEW MATERIAL] POWERS AND DUTIES.--
A. The council shall:
(1) set school policy for promoting student achievement and meeting school goals in conformity with state law and the policies of the state board and the local school board, including:
(a) curriculum and instructional strategies, including needs assessment and curriculum development;
(b) funding priorities and needs;
(c) setting standards and criteria relating to the selection and acquisition of textbooks, other instructional material and instructional and noninstructional student support services;
(d) the schedule of the school day, week and year; provided that the schedule shall conform to at least the minimum set as general policy by the school district;
(e) the use of school space during the school day;
(f) student discipline, including the nature, scope, extent, application and use of disciplinary techniques; a guidance program for classroom management; and the participation, role and responsibility of students, parents, teachers, instructional support providers and the school principal in maintaining and enforcing the disciplinary program;
(g) the standards and criteria for the selection of extracurricular programs and the requirements for student eligibility; and
(h) a public participation and outreach policy to inform parents and the community about academic achievement, school activities and programs, school policies and procedures and the importance of parental and community participation in public schools;
(2) prepare and adopt a plan for the expenditure of performance incentive awards; and
(3) approve the annual accountability report of the public school.
B. The council may advise:
(1) the school principal on hiring personnel;
(2) the school principal on the annual budget for the ensuing fiscal year; and
(3) the local superintendent about the appointment and selection of a school principal."
Section 19. A new section of Chapter 22, Article 8 NMSA 1978 is enacted to read:
"[NEW MATERIAL] BUDGETS--FUNDING FORMULA EXPENDITURES--LIMITATIONS.--Beginning with the submission and approval of school district budgets for the 2005-2006 school year, each budget for a school district that has not received a waiver from the department shall provide that a minimum of ninety-two percent of each dollar received by the school district through the funding formula be directed to the schools of the school district for the sole purposes of learning programs, school employee salaries and school facilities' operations and maintenance; a maximum of eight percent of each dollar received may be retained by the school district for administrative and support services provided at the district level. School districts with less than one thousand students may apply to the state superintendent for a waiver to ensure adequate funding for administrative and support functions."
Section 20. Section 22-10-6 NMSA 1978 (being Laws 1973, Chapter 135, Section 1) is amended to read:
"22-10-6. SCHOOL PRINCIPALS--ADDITIONAL DUTIES.--[The
position of school principal is hereby recognized.]
A. In addition to other duties prescribed by
law, a [public] school principal shall [be responsible for]:
[A. assuming] (1) assume administrative
responsibility and instructional leadership, under the
supervision of the local superintendent [of schools], with
regard to the discipline of students and the planning,
operation, supervision and evaluation of the educational
program of the school to which he is assigned;
[B. submitting recommendations to the local
superintendent concerning evaluation, promotion, transfer
and dismissal of]
(2) with the advice of the school partnership council, hire all personnel assigned to the school to which he is assigned and discharge them with the approval of the local superintendent;
[C. performing] (3) perform any other
duties assigned him by the local superintendent pursuant to
local school board policies;
[Nothing in this section shall be construed as a
limitation on the powers, duties and obligations of a local
school board]
(4) carry out the policies of the school partnership council, including managing the operation of school facilities, staff and other resources and administering the school budget; and
(5) develop and implement staff development programs.
B. As the instructional leader of his public school, a school principal shall:
(1) advance the educational achievement of the students and the school;
(2) improve school performance;
(3) promote the instructional program of the school and the instructional practices of the public school staff;
(4) develop and implement staff development programs;
(5) lead and motivate school staff and students; and
(6) promote parental involvement in the school."
Section 21. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] TEACHER LICENSE LEVELS--MINIMUM SALARIES--DIFFERENTIAL SALARY.--
A. Except as otherwise provided in this section, every school district shall pay teachers at least the minimum salary for their levels of licensure. A school district may adopt a salary scale in excess of the required scale. Minimum salaries are for not less than seven hours per day for one hundred eighty-six days, or the equivalent for a variable calendar.
B. A teacher who holds a level one license shall remain at that level for at least one year but no more than three full years. To advance from level one to level two, a teacher must demonstrate a department-adopted level of competence, including passing the praxis 1 teaching examination or an equivalent examination approved by the department. A level one teacher who does not meet the requirements for a level two license after three full years shall lose his license to teach. The minimum salary for level one is thirty-two thousand dollars ($32,000) per year.
C. A teacher who holds a level two license shall remain at that level for at least one year but no more than three full years. To advance from level two to level three, a teacher must demonstrate a department-adopted level of competence, including passing the praxis 2 teaching examination or an equivalent examination approved by the department. A level two teacher who does not meet the requirements for a level three license after three full years shall lose his license to teach. The minimum salary for level two is thirty-six thousand dollars ($36,000).
D. A teacher who holds a level three license shall remain at that level for at least one year. To advance from level three to level four, a teacher must demonstrate a department-adopted level of competence, including receiving a master's degree or its equivalent in the subject matter in which the teacher instructs and successfully passes the praxis 3 teaching examination or an equivalent examination approved by the department. A level three license is renewable every five years, upon satisfactory demonstration of continued competency. The minimum salary for level three is forty-four thousand dollars ($44,000).
E. A teacher who holds a level four license shall remain at that level for at least one year. To advance from level four to level five, a teacher must demonstrate a department-adopted competence, including passage of a rigorous performance test selected by the department and supervised by a distinguished educator. A level four license is renewable every five years, upon satisfactory demonstration of continued competency. The minimum salary for level four is forty-eight thousand dollars ($48,000).
F. To receive a level five license, a teacher must demonstrate a department-adopted level of competency, including attainment of national board for professional teaching standards certification. A level five license is renewable every five years, upon satisfactory demonstration of continued competency. The minimum salary for level five is fifty-five thousand dollars ($55,000).
G. Teachers assigned by local superintendents to public schools or disciplines designated by the department as "hard to fill" shall receive a differential of four thousand dollars ($4,000) a year for each school year of service in that public school or discipline as long as the public school or discipline is designated as "hard to fill". If the teacher does not fulfill the contract, the differential shall be prorated based on the time spent at the public school or discipline. The differential provided for in this subsection shall not be added to the teacher's base salary.
H. A current teacher who is certified on the effective date of this section shall be deemed to be at the license level that corresponds to his salary as of the effective date of this section. A teacher who does not possess the required qualifications for his assigned license level shall have two years from the effective date of this section to meet the applicable requirements for that level. If a current teacher cannot pass the required examination of the level for which he is applying, he may then apply for a lower level of licensure. A current teacher shall not receive less than the salary he received for the contract in effect on the effective date of this section."
Section 22. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] INSTRUCTIONAL SUPPORT PROVIDER LICENSES.--
A. The department shall license instructional support providers, including educational assistants, librarians, school counselors, school social workers, school nurses, speech-language pathologists, psychologists, physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, recreational therapists, interpreters for the deaf, diagnosticians and other service providers. The department may provide a professional licensing framework in which licensees can advance in their careers through the demonstration of increased competencies and the undertaking of increased duties.
B. The state board shall provide by rule for the requirements for licensure of types of instructional support providers. If an instructional support provider practices a licensed profession, he shall provide evidence satisfactory to the department that he holds a current, unsuspended license in the profession in which he is applying to provide instructional support services. The instructional support provider shall notify the school district immediately if his license is suspended, revoked or denied."
Section 23. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] COLLECTIVE BARGAINING--MANAGERIAL POLICY.--Subject to state law relative to collective bargaining, employers, employees and employee organizations shall not bargain over matters of inherent managerial policy, which is at the discretion of the local superintendent. For the purposes of this section, "inherent managerial policy" includes such areas of discretion or policy as curriculum standards, student assessments, the functions and programs of the school district, standards of services, overall budget, use of technology, organizational structure and selection and direction of personnel."
Section 24. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] PROFESSIONAL DEVELOPMENT.--
A. Every public school shall develop and submit to the local superintendent for his approval a biennial professional development plan for its teachers and school administrators. Initial school district professional development plans shall be submitted to the department by the local superintendent by January 1, 2002; subsequent professional development plans shall be submitted to the department at least six months prior to the expiration of current professional development plans. The department shall establish the form in which the professional development plan shall be submitted for review.
B. A school district shall establish a school district "professional development committee". The committee shall consist of teachers and school administrators appointed by the local superintendent.
C. The committee shall:
(1) develop, prepare and recommend to the local superintendent a professional development plan;
(2) assist the local superintendent in monitoring and assessing the professional development plan's effectiveness in meeting objectives and attaining educational goals; and
(3) recommend modifications to the professional development plan.
D. A professional development plan shall be designed to meet the educational needs and goals of a public school, its teachers, school administrators and students and facilitate the role of teachers and school administrators in the achievement of the fundamental educational goals for students. The professional development plan shall promote professional enrichment through observation, collaboration, curriculum review, practice and reflection. The components of a professional development plan shall promote contextual, procedural and content-based development that includes the alignment of staff development with educational goals, meet the educational needs of students based on available student assessments and other data, provide for an appropriate core curriculum and provide for the participation of parents and family in the educational process.
E. A professional development plan shall include options for professional development through learning programs, including curriculum development work and other program design and delivery activities, participation in professional conferences and workshops and supervised classroom observations and critiques of, or consultations with, other professional employees. Each option shall promote the achievement of the objectives of the plan, meet specific professional development needs and be directly related to areas of assignment. The school principal of each public school, subject to the review of the local superintendent, shall have the authority to determine what professional development activities are directly related to a school-based assignment. The local superintendent shall have the same authority with regard to non-school-based personnel.
F. All learning programs shall be approved by the department. The department shall not approve a learning program unless it is offered by an approved provider, identifies the individual courses or series of courses to be offered, designates the area or type of certification to which the learning program is relevant and expires within a reasonable period of time determined by the department. The department shall approve learning programs in a manner and number sufficient to provide ample and convenient opportunity to all teachers and school administrators to meet the requirements of this section at a reasonable cost. A public school shall not charge its teachers and school administrators for learning programs that the public school offers, but it may charge other teachers and school administrators who attend.
G. Teachers and school administrators shall complete one hundred eighty-six hours of continuing education related to an area of assignment within five years of the effective date of this section or the license renewal date of the teachers and school administrators, whichever is later, and every five years thereafter. The department shall require all teachers and school administrators to submit proof of fulfillment of the continuing education requirements. The license of a teacher or school administrator who fails to comply with the requirements of this subsection shall be suspended until the teacher or school administrator complies. Teachers and school administrators shall not be assigned outside their area of licensure. A school district shall not employ a teacher or school administrator who has not complied with this section. A school district is not required to compensate a teacher or school administrator for professional development under this section.
H. The department shall provide written notice to a teacher or school administrator whose license is suspended for failure to meet the continuing education requirements. A copy of the notification shall be sent to the local superintendent.
I. The department shall immediately reinstate the suspended license of a teacher or school administrator upon proof of completion of continuing education requirements and give written notice of reinstatement to the teacher or school administrator and the local superintendent.
J. The department shall administer and enforce continuing education requirements, including:
(1) designating approved providers;
(2) developing and implementing procedures for reporting successful completion of learning programs by teachers and school administrators; and
(3) maintaining a central database for tracking the compliance of teachers and school administrators and notifying school districts, teachers and school administrators about the continuing education status of teachers and school administrators.
K. At least twice during the compliance period and no later than twelve months prior to the end of a compliance period, the department shall provide to teachers and school administrators written notice of compliance or noncompliance and the number of hours or credits completed and needed for compliance.
L. The department shall submit an annual report to the legislature on the continuing education program, including the locations in which learning programs were offered; the number of participants in each offering; the cost to the department associated with the continuing education program; a list of approved providers; the number, identification and status of professional development plans; the number of teachers and school administrators in each compliance period who have met the continuing education requirement; and the number of teachers and school administrators in each compliance period who have not met the continuing education requirement.
M. The state board may provide by rule for the granting of extensions of time for a teacher or school administrator to comply with the professional development requirements of this section for extenuating circumstances."
Section 25. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] DISTINGUISHED EDUCATORS CORPS.--
A. The department shall establish a program to recognize outstanding and uniquely qualified teachers and school administrators as "distinguished educators" and organize them into a "distinguished educators corps" that is available to assist teachers, school administrators and public schools throughout the state. The distinguished educators corps shall share its educational talents, skills, experience, expertise, methodologies, techniques and programs to help school districts improve the quality of education.
B. The distinguished educators corps shall serve as teaching ambassadors to promote the honorable stature and importance of the teaching profession, assist the department with research projects and staff development efforts and accept special assignments to assist schools in need of improvement and educationally distressed schools.
C. Within ninety days of the effective date of this section, the department shall organize a "distinguished educators advisory committee". The committee shall include teachers, school administrators, parents, department staff, representatives of institutions of higher education and their faculties, professional education associations, school boards and community groups. The state superintendent or his designee shall serve as chairman of the committee.
D. Members of the distinguished educators advisory committee may receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
E. The distinguished educators advisory committee shall assist the department in the implementation and administration of the distinguished educators corps, including reviewing applications and credentials of candidates and recommendations for the selection of distinguished educators.
F. The state board shall promulgate rules that provide standards and criteria for the selection of distinguished educators, including:
(1) the application process, which shall allow self-nomination; and
(2) the selection process, which shall be structured in a manner that provides representation of a broad spectrum of instructional and administrative positions and generates statewide interest and representation.
G. Distinguished educator candidates shall:
(1) have been actively engaged in teaching or school administration for ten years immediately preceding the date of application;
(2) have knowledge and skills relating to school leadership and management, including school laws and rules, personnel practices, budget planning and management, organization and planning, data analysis, problem solving, collaboration and team building, cultural diversity, initiative and innovation; content and performance standards, benchmarks and assessments; and curriculum development and instruction, including current educational practices, curriculum alignment, multiple instructional methodologies, instructional technology and written and oral communications; and
(3) possess integrity, a commitment to the belief that every child can learn, flexibility, sound judgment, high expectations of achievement and a strong sense of purpose.
H. Candidates shall agree to participate in required training and accept special assignments from the department to schools in need of improvement or educationally distressed schools.
I. Annually on or before May 31, the department shall select up to one hundred teachers and school administrators to participate in the distinguished educator corps. Following satisfactory completion of the training program, a participant shall be named a distinguished educator, awarded a special certificate of achievement, accorded special statewide recognition and honors deemed appropriate by the department and given a five hundred dollar ($500) monetary award by the department.
J. The department shall provide an intensive and comprehensive training program during the months of June, July and August for teachers and school administrators selected to participate in the distinguished educators corps. Teachers and school administrators must attend the training program before being named a distinguished educator and being admitted to the distinguished educators corps. Additional training may be required by the department from time to time to ensure the continued competency of distinguished educators. The department shall not charge teachers and school administrators for required training. The training program shall include instruction relating to school management, leadership, methods of personnel evaluation, school organization, school curriculum and assessment techniques and methodologies.
K. A distinguished educator shall accept assignments from the department to schools in need of improvement and educationally distressed schools. The length of an assignment shall be determined by the distinguished educator and the department after consultation with the school to which the distinguished educator will be assigned. An assignment may extend beyond a school year upon mutual agreement between the distinguished educator and the department if more time is needed to achieve the purposes of the assignment. A distinguished educator shall not be required to accept an assignment more than once within two consecutive years.
L. A distinguished educator assigned to a school shall report to and cooperate with the local superintendent. The distinguished educator may assist the school improvement support team, school principal and school employees with the development and implementation of a school improvement plan; evaluate and rate teachers and their effectiveness; recommend staff adjustments to the local superintendent; advise the school partnership council; and advise the state superintendent on the reconstitution of an educationally distressed school. A distinguished educator shall not be assigned to a public school or school district from which a special leave was granted.
M. Upon request, a school district shall grant a six-month special leave to a distinguished educator to serve in a school in need of improvement or an educationally distressed school. A school district shall extend the special leave beyond six months if the department and the distinguished educator have determined that the assignment will take longer to complete. The distinguished educator shall continue to be an employee of the school district from which he has taken special leave.
N. During a special leave, the department shall pay the distinguished educator's regular salary, including employee benefits, a salary supplement equal to fifty percent of his regular salary, which shall be prorated according to the length of the assignment. Per diem and mileage expenses may be reimbursed by the department as provided by rule of the state board. The school district that employs the distinguished educator shall pay the costs associated with temporarily filling the vacancy created by special leave of the distinguished educator."
Section 26. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 26 through 30 of this act may be cited as the "Family and Youth Resource Act"."
Section 27. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Family and Youth Resource Act:
A. "center" means the family and youth resource center; and
B. "program" means the family and youth resource program."
Section 28. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ADVISORY COMMITTEE--MEMBERS--MEETINGS--DUTIES.--
A. The "family and youth resource advisory committee" is created. Members of the committee are:
(1) the state superintendent;
(2) the secretary of health;
(3) the secretary of human services;
(4) the secretary of children, youth and families;
(5) the secretary of labor;
(6) a children's court judge, appointed by the chief justice of the supreme court; and
(7) the following members appointed by the state board:
(a) one parent of a public elementary school student enrolled in a school eligible to be serviced by a center;
(b) one parent of a public high school student enrolled in a school eligible to be serviced by a center;
(c) one public elementary, middle or junior high school teacher assigned to a school eligible to be serviced by a center;
(d) one public high school teacher assigned to a school eligible to be serviced by a center;
(e) one local superintendent;
(f) one local school board member; and
(g) one representative each from four different local community-based organizations involved with the provision of services to family and youth resource centers.
B. The members of the committee shall appoint the chairman and such other officers as they deem necessary.
C. The committee shall meet as frequently as it deems appropriate or necessary, but at least once each quarter. The chairman may call special meetings as he deems necessary and shall convene special meetings at the request of a majority of the members.
D. A majority of the committee constitutes a quorum.
E. Members who are not state officers may be reimbursed for per diem and mileage expenses as provided in the Per Diem and Mileage Act.
F. The department shall staff the committee.
G. The committee shall:
(1) recommend to the department guidelines for the creation, implementation and operation of programs and centers;
(2) recommend to the department standards and criteria for awarding grants and the form and content of grant applications; and
(3) review applications for grants and report the result of its review and make recommendations to the department within ninety days of receipt of a grant application."
Section 29. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PROGRAMS AND CENTERS--PURPOSE--FUNCTIONS.--
A. The purpose of a "family and youth resource program" is to create an intermediary through which children and their families at public schools may access social and health care services through the coordination and integration of services among public and private service agencies, community groups and organizations. The goal of the program is to forge mutual long-term relationships with public and private agencies and community-based organizations to help students attain high academic achievement by meeting certain nonacademic needs of students.
B. Each participating public school shall identify, accommodate and promote the greatest degree of availability, coordination, integration and use of social and health services, associated resources and ancillary resources. A program shall contain the following elements:
(1) a full-time nurse, a resource coordinator and a counselor;
(2) referrals to health care and social service providers and agencies;
(3) monitoring of the needs and use of health care and social service providers and agencies;
(4) support for existing family support and parent education programs and an expansion of their availability, use and scope;
(5) information updates concerning service and program availability, location and frequency;
(6) promotion of services and programs that are underutilized;
(7) recruitment of service providers and agencies to provide services that are not available;
(8) collaboration and coordination of services with public and nonprofit health and social service agencies through school-based or other operations;
(9) provision of advice, consultation, training and resource information to school staff about available health and social service programs;
(10) establishment of partnerships between the school and community organizations such as local civic organizations; girls and boys clubs; girl and boy scouts; business and professional groups; settlement houses; environmental groups; and neighborhood civic, cleanup and crime fighting groups; and
(11) identification and coordination of age-appropriate resources for students for:
(a) counseling, training and placement for full-time employment and summer and part-time employment;
(b) drug and alcohol abuse counseling;
(c) family crisis counseling; and
(d) mental health counseling."
Section 30. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] FAMILY AND YOUTH RESOURCE PROGRAMS--CENTERS--GRANTS--DEPARTMENT DUTIES.--
A. Grants are available to a public school or group of public schools in which at least forty percent of the students, in the aggregate, are eligible for free or reduced-cost school meals.
B. The department shall develop and distribute application packets to public schools that want to apply for family and youth resource grants.
C. A public school may submit a grant application to create a program. The program may consist of a center at the public school or at one of a group of public schools. The application shall include a school district coordinating office.
D. Applications shall include:
(1) a statement of need, including demographic and socioeconomic information about the area to be served by the program;
(2) goals and expected outcomes of the program;
(3) services and activities to be provided by the program and the center;
(4) written agreements for the provision of services by public and private agencies, community groups and other parties;
(5) a workplan and budget for the program, including staffing requirements and the expected availability of staff;
(6) hours of operation of the center;
(7) strategies for dissemination of information about the program to potential users;
(8) training and professional development plans;
(9) plans to ensure that program participants are not stigmatized for their use of the center;
(10) a physical description of the center, its location and proximity to the public schools it will serve;
(11) letters of endorsement and commitment from community agencies and organizations and local governments; and
(12) any other information the department requires.
E. Grants shall be awarded based on application and availability of funding."
Section 31. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 31 through 34 of this act may be cited as the "School and Business Partnership Act"."
Section 32. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the School and Business Partnership Act:
A. "center" means the school and business partnership center;
B. "committee" means the school and business partnership advisory committee; and
C. "program" means the school and business partnership program."
Section 33. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ADVISORY COMMITTEE--CREATED--MEMBERSHIP.--
A. The "school and business partnership advisory committee" is created. The state board shall appoint the following members:
(1) the state superintendent;
(2) the secretary of labor;
(3) one parent of a public elementary, middle or junior high school student;
(4) one parent of a public high school student;
(5) one public elementary, middle or junior high school teacher;
(6) one public high school teacher;
(7) one local superintendent;
(8) one local board member;
(9) one representative each from seven industry clusters in the state;
(10) one business member at large; and
(11) the chairman of the state workforce development board.
B. The members of the committee shall appoint the chairman and such other officers as they deem necessary.
C. The committee shall meet as frequently as it deems appropriate or necessary, but at least once each quarter. The chairman may call special meetings as he deems necessary and shall convene special meetings at the request of a majority of the members.
D. A majority of the committee constitutes a quorum.
E. Members who are not state officers may be reimbursed for per diem and mileage expenses as provided in the Per Diem and Mileage Act.
F. The department shall staff the committee.
G. The committee shall develop and recommend to the department guidelines for the creation, implementation, operation and funding of centers."
Section 34. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SCHOOL AND BUSINESS PARTNERSHIP PROGRAMS--CENTERS--PURPOSES.--
A. Each school district shall develop and implement a "school and business partnership program", and may enter into joint powers agreements with other school districts in the area to create a "school and business partnership center".
B. The purpose of a program is to connect students and schools to business resources and opportunities linked to school academic programs. The goals are to forge mutual long-term relationships between schools and business organizations to help students attain high academic achievement and to meet the nonacademic needs of students.
C. A program shall identify, accommodate and promote the greatest degree of availability, coordination, integration and use of business services, associated resources and ancillary resources. Every program and center shall develop and implement programs containing the following elements:
(1) information about program availability, location and frequency;
(2) monitoring of student needs;
(3) recruitment of business providers and organizations to provide services;
(4) collaboration and coordination of services with the business community and business organizations to provide mentorships and job opportunities aligned to academics;
(5) provision of advice, consultation, training and resource information to school staff about available business connections;
(6) establishment of partnerships between the school and businesses and business organizations;
(7) identification and coordination of age-appropriate resources for students for counseling, training and placement for full-time employment and summer and part-time employment; mentorships and job shadowing; and
(8) identification and coordination of resources for business training or engagement of students, access to public schools and support to establish relationships with public schools."
Section 35. Section 22-13A-2 NMSA 1978 (being Laws 1989, Chapter 137, Section 2, as amended) is repealed and a new Section 22-13A-2 NMSA 1978 is enacted to read:
"22-13A-2. [NEW MATERIAL] PURPOSE.--The purpose of the Incentives for School Improvement Act is to establish accountability and provide performance incentives and assistance to public schools."
Section 36. Section 22-13A-3 NMSA 1978 (being Laws 1989, Chapter 137, Section 3) is repealed and a new Section 22-13A-3 NMSA 1978 is enacted to read:
"22-13A-3. [NEW MATERIAL] DEFINITIONS.--As used in the Incentives for School Improvement Act:
A. "accountability cycle" means the two-year period for which academic performance is measured at all public schools in the state;
B. "improvement fund" means the school improvement fund;
C. "performance index" means measurements of student achievement demonstrated by the results of student assessments and tests, including performance in the core academic disciplines of language arts, mathematics and science; graduation and promotion rates; and student and staff attendance records;
D. "performance review" means the process of assessment and evaluation administered by the department;
E. "performance target" means the biennial level of student achievement required of each public school;
F. "program" means the incentives for school improvement program;
G. "school staff" means full- and part-time classroom teachers, instructional support staff, school administrators and nonlicensed staff, including permanent, temporary and itinerant staff assigned to a public school for fifty percent of their workday, not including substitute teachers; and
H. "team" means a school improvement support team."
Section 37. Section 22-13A-4 NMSA 1978 (being Laws 1989, Chapter 137, Section 4, as amended) is repealed and a new Section 22-13A-4 NMSA 1978 is enacted to read:
"22-13A-4. [NEW MATERIAL] PROGRAM CREATED--ADMINISTRATION.--The "incentives for school improvement program" is created in the department. No later than July 1, 2003, the department shall promulgate rules consistent with the requirements of the Incentives for School Improvement Act for assessing the progress or decline of public schools in attaining the goals and meeting the standards set forth in Section 22-2-8 NMSA 1978 as measured by a performance index. The rules shall provide a system for determining eligibility for incentive awards to public schools that exceed performance standards and the implementation of assistance programs for public schools that do not meet performance standards."
Section 38. Section 22-13A-5 NMSA 1978 (being Laws 1989, Chapter 137, Section 5, as amended) is repealed and a new Section 22-13A-5 is enacted to read:
"22-13A-5. [NEW MATERIAL] PROGRAM IMPLEMENTATION AND MEASUREMENT.--
A. The state board shall develop a formula by which to measure public school achievement in the areas of academic performance, subject to goals and standards recommended by the council on school performance standards and assessments recommended by the council on school assessments. The product of the formula shall take the form of a composite rating assigned to each public school in a school district.
B. Academic performance shall be measured by:
(1) nationally standardized test scores;
(2) the success or decline of public school performance as determined by factors that reflect the goals and standards described in Section 22-2-8 NMSA 1978; and
(3) graduation competency test scores.
C. Academic performance shall measure the performance of all students except those who are severely or profoundly disabled; provided, however, that all students other than severely or profoundly disabled students shall be included in a public school's performance target.
D. The optimum success rate shall be achieved when ninety-five percent of the student body of a public school achieves or exceeds standards set by the state board.
E. The department shall assess a new composite rating for each public school annually. The department shall compare the new rating to the previous annual rating. Performance targets shall be set, and performance shall be measured according to the increase in the proportion of satisfactorily performing students and the corresponding decrease in the proportion of lowest performing students. A performance target shall be set in a manner that provides for a lesser expectation of advancement as a public school approaches the optimum success rate of ninety-five percent of its student body.
F. All public schools shall be required to attain the optimum success rate of ninety-five percent within twelve years from the effective date of this act."
Section 39. A new section of the Incentives for School Improvement Act is enacted to read:
"[NEW MATERIAL] DISTINGUISHED ACHIEVEMENT SCHOOLS--OTHER SCHOOLS RECOGNIZED.--
A. A public school shall be designated as a "distinguished achievement school" and given a distinguished achievement reward if it exceeds its performance target for an accountability cycle by one percent of the optimum success rate.
B. A distinguished achievement reward may be expended for school resources or may be provided as a reward to school staff. The school partnership council shall determine how the reward shall be expended. If the council determines that the reward should be given to school staff, the reward shall be awarded to all school staff as provided in Subsection C of this section. A reward provided to school staff shall not increase base salaries.
C. The distinguished achievement reward shall be equal to five thousand dollars ($5,000) for each licensed school employee and one thousand dollars ($1,000) for each nonlicensed school employee assigned to the public school for at least the last four months of the school term of the accountability cycle. The reward calculation for part-time and itinerant school staff shall be proportionate to the amount of time actually spent in the public school.
D. A public school that achieves, but does not exceed by more than one percent, its performance target for the accountability cycle shall be accorded public recognition by a school district and the department. A recognition program may include certificates of achievement, school staff and public school celebrations, media events and the distribution of achievement recognition memorabilia."
Section 40. A new section of the Incentives for School Improvement Act is enacted to read:
"[NEW MATERIAL] SCHOOLS IN NEED OF IMPROVEMENT.--
A. A public school shall be designated as a "school in need of improvement" if it does not attain its performance target for the accountability cycle. The local superintendent shall assign a "school improvement support team" to that school. The team shall provide advice, consultation and recommendations to the school principal, school partnership council and school staff on matters relating to the instructional and noninstructional operation and programs of the public school and the improvement of student achievement and school performance. The appointment composition and specific duties of the team shall be determined by the local superintendent.
B. The local superintendent may request assignment by the department of one or more distinguished educators to a school in need of improvement.
C. A school in need of improvement shall develop a school improvement plan for the next school term. The plan shall be submitted to the local superintendent for approval prior to implementation. A school in need of improvement may apply for a grant from the improvement fund to implement the school improvement plan."
Section 41. A new section of the Incentives for School Improvement Act is enacted to read:
"[NEW MATERIAL] EDUCATIONALLY DISTRESSED SCHOOLS.--
A. A school shall be designated an "educationally distressed school" if it does not attain its performance target for two consecutive accountability cycles.
B. The department shall develop a plan for dissolving the educationally distressed school and reconstituting it by revising its instructional, noninstructional, administrative and budgetary operations. The plan may include the following provisions:
(1) abolishment or replacement of the local school board if twenty percent or more of the public schools in the school district have been designated as educationally distressed schools;
(2) abolishment of the school partnership council or replacement of its members;
(3) assignment, transfer, retention, dismissal and hiring of school staff;
(4) transfer and reassignment of students;
(5) changes in curricula and instructional practices;
(6) changes in student discipline policies;
(7) additions or changes in student support services;
(8) reallocation of resources;
(9) professional development requirements; and
(10) any other changes deemed necessary by the department after consultation with the distinguished educator corps.
C. A school may be eligible for a grant from the improvement fund to develop and implement a school improvement plan.
D. One or more distinguished educators shall be assigned to an educationally distressed school."
Section 42. A new section of the Incentives for School Improvement Act is enacted to read:
"[NEW MATERIAL] SCHOOL DISTRICT PROGRAM.--
A. A school district may supplement the program by creating, implementing and administering a performance incentive and assistance program for the allocation of school district funds and resources. Rewards or assistance received from the distinguished schools fund or the improvement fund shall not be used by the school district to fund its program.
B. The school district's supplementary program shall meet or exceed the requirements of the program. The provision of a supplementary program by a school district does not disqualify a public school or otherwise affect its eligibility to receive grants from the those funds."
Section 43. A new section of the Incentives for School Improvement Act is enacted to read:
"[NEW MATERIAL] TEACHERS OF MERIT.--A teacher in a public school other than a distinguished achievement school whose students exceed the public school's performance target by more than one percent in the accountability cycle shall be designated as a "teacher of merit" and shall be eligible for a merit reward of two thousand dollars ($2,000). A teacher may be designated as a teacher of merit even though the public school is classified as a school in need of improvement or an educationally distressed school."
Section 44. Section 22-13A-6 NMSA 1978 (being Laws 1989, Chapter 137, Section 6, as amended) is repealed and a new Section 22-13A-6 NMSA 1978 is enacted to read:
"22-13A-6. [NEW MATERIAL] SCHOOL IMPROVEMENT FUND.--
A. The "school improvement fund" is created in the state treasury. The fund shall consist of appropriations, federal allocations for the purposes of the fund, earnings from investment of the fund and any gifts, grants, donations or bequests to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department shall administer the fund, and money in the fund is appropriated to the department to carry out the purposes of the fund. Money in the fund shall be used exclusively to provide grants to schools in need of improvement, educationally distressed schools or school districts in which twenty percent or more of their public schools are designated as in need of improvement or educationally distressed.
B. The state board shall adopt and promulgate rules governing criteria, standards and procedures for making grants, including amounts, priorities and financial and programmatic accounting for grants.
C. Applications for grants shall be in the form and include the information required by the department. The department shall assist applicants in the preparation of applications.
D. Grants shall not supplant any other funding source available to the school district or public school."
Section 45. A new section of the Incentives for School Improvement Act is enacted to read:
"[NEW MATERIAL] DISTINGUISHED SCHOOLS FUND.--
A. The "distinguished schools fund" is created in the state treasury. The fund shall consist of appropriations, federal allocations for the purposes of the fund, earnings from investment of the fund and any gifts, grants, donations or bequests to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department shall administer the fund, and money in the fund is appropriated to the department to carry out the purposes of the fund. Money in the fund shall be used to reward public schools that have been designated as distinguished achievement schools and teachers of merit in other schools.
B. The state board shall adopt and promulgate rules governing criteria, standards and procedures for expenditures from the distinguished schools fund, including amounts, priorities and financial and programmatic accounting for rewards.
C. Distinguished achievement rewards shall not supplant any other funding source available to the school district or public school."
Section 46. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PRE-KINDERGARTEN EDUCATION COUNCIL--CREATED--DUTIES.--
A. The "pre-kindergarten education council" is created. The council shall serve as an advisory group to the department to develop a specific plan for a voluntary pre-kindergarten education program.
B. The state board shall appoint seven members who are acknowledged leaders in the field of pre-kindergarten education. The state board shall appoint the chairman of the pre-kindergarten education council, and the council may appoint other officers as it deems necessary. Of the initial members, three shall be appointed for terms of three years and four shall be appointed for terms of four years; thereafter, terms shall be for four years. Members may be reappointed to the council. Members may be reimbursed per diem and mileage expenses as provided in the Per Diem and Mileage Act.
C. The pre-kindergarten education council shall:
(1) develop a five-year plan for the efficient and equitable establishment of a voluntary pre-kindergarten education program. The plan shall focus on the educational needs of three- and four-year-old children as they relate to the state's educational outcome goals and standards;
(2) working with private enterprise to encourage the development of pre-kindergarten opportunities specifically designed to answer New Mexico's educational needs;
(3) encourage an environment receptive to pre-kindergarten education throughout the state;
(4) recommend a plan to identify which children should qualify for assistance to participate in pre-kindergarten education programs;
(5) develop a funding mechanism and delivery system for those children eligible for assistance; and
(6) establish standards for public and private schools desiring to qualify for state funds."
Section 47. TEMPORARY PROVISION--COUNCIL ON SCHOOL PERFORMANCE STANDARDS.--
A. The "council on school performance standards" is created as a one-year body to develop school performance standards for New Mexico. The governor shall appoint seven members who are acknowledged leaders in the field of education standards. The governor shall appoint the chairman of the council, and the council may appoint other officers it deems necessary. Appointments shall be for one year. Members of the council may receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
B. Staff for the council on school performance standards shall be provided by the state department of public education.
C. The council on school performance standards shall make periodic progress reports and a final report within one year of the effective date of this act to the state board of education, the governor and the legislature.
D. The state board of education may propose changes to the recommendations of the council on school performance standards, but cannot implement changes without the concurrence of the council. If the board refuses to adopt goals and standards recommended by the council, the board shall issue a report specifying why the goals and standards were not adopted.
E. The education goals and standards shall address:
(1) the state's fundamental goal, which is to provide for an educational policy, program and curriculum that sets standards for and requires students to attain high levels of achievement in academic content and life experiences;
(2) the state's general goals, which are to develop an educational policy, program and curriculum that encourages all students to acquire the capacity to successfully use the following skills or achieve the following results and provide them with the necessary opportunities and tools to meet these expectations:
(a) the communication skills necessary to function in a complex and changing civilization;
(b) the knowledge necessary to make economic, social and political choices;
(c) an understanding of governmental processes as they affect the community, state, nation and world;
(d) sufficient knowledge to practice a lifestyle that results in mental and physical wellness;
(e) an understanding of the arts and an appreciation of global, United States and New Mexico cultural and historical heritage;
(f) an informed and intelligent choice and pursuit of life's work;
(g) competitive educational and work skills; and
(h) knowledge and performance of clearly stated standards of what students should know and be able to do and how well they should know and do them;
(3) core academic achievement, which requires every student to develop competency in specified academic disciplines so they can successfully resolve issues and problems that may be encountered throughout their daily lives. Academic standards shall be based on both national standards and world-class standards benchmarked against those countries the state competes with globally in the following areas:
(a) language arts, including specifically reading, composition, grammar, spelling, speech, literature, listening comprehension and use of the library;
(b) mathematics, including specifically computational skills, mathematical reasoning, algebra, geometry, probability, statistics and problem- solving;
(c) science, including specifically chemistry, biology and life sciences, physics and physical sciences, environmental sciences and earth and space sciences;
(d) social studies, including specifically geography, civics, economics, multicultural studies and the history of the world, regions, United States, New Mexico and the locality where the students live;
(e) arts and the humanities, including specifically music, theater, dance and visual arts;
(f) health and physical education, including specifically wellness and fitness programs; and
(g) world languages;
(4) cross-cutting competencies, which are standards of achievement that require students to develop a level of competency for integrating and using the following skills and resources with the knowledge, information and training provided by and acquired from academic disciplines and throughout the experiences of their daily lives:
(a) communication, including effective oral and written communication in the English language;
(b) technology, including specifically computer and informational technology;
(c) reasoning and problem-solving, including critical reasoning and effective problem-solving through the use of analysis, logic, abstract and conceptual thinking, creativity and meaningful inquiry;
(d) citizenship and service, including an understanding and responsible participation in the political process and community activities of the school, community and public interests groups and local, state, national and global organizations and governments;
(e) multicultural competence, including effective use of strategies to identify and overcome multicultural bias and exclusionary behavior and practices through effective communication, intellectual analysis, social acumen and nonviolent conflict resolution; and
(f) workplace and educational preparedness, including development and application of interpersonal and attitudinal skills to manage resources and time, work with team members, access and use information and information technology, and achieve goals through resourcefulness and persistence; and
(5) participation requirements, which requires school districts and schools to increase student attendance rates at school and reduce the dropout rate to achieve a ninety-five percent attendance rate and a ninety-five percent graduation rate within five years of the implementation of this legislation.
Section 48. TEMPORARY PROVISION--COUNCIL ON SCHOOL ASSESSMENTS.--
A. The "council on school assessments" is created as a one-year body to develop school performance assessments for New Mexico. The governor shall appoint seven members who are acknowledged leaders in the field of education assessments. The governor shall appoint the chairman of the council, and the council may appoint other officers it deems necessary. Appointments shall be for one year. Members of the council may receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
B. Staff for the council on school assessments shall be provided by the state department of public education.
C. The council on school assessments shall be convened after completion of the recommendations on standards by the council on school performance standards.
D. The council on school assessments shall make periodic progress reports and a final report within one year of beginning work to the state board of education, the governor and the legislature.
E. The state board of education may propose changes to the recommendations of the council on school assessments, but cannot implement changes without the concurrence of the council. If the board refuses to adopt the assessment recommendations of the council, the board shall issue a report specifying why the recommendations were not adopted.
F. The council on school assessments shall create an assessment program that measures the actual performance and achievement of students and public schools in the core academic disciplines and evaluate that achievement in cross-cutting competencies.
Section 49. EFFECTIVE DATE.--
A. The effective date of the provisions of Sections 1 through 3, 5 through 7, 9 through 20, 23 through 34 and 46 through 48 is July 1, 2001.
B. The effective date of the provisions of Section 4 is July 1, 2002.
C. The effective date of the provisions of Sections 8, 21 and 22 and 35 through 45 is July 1, 2003.