A JOINT MEMORIAL
REQUESTING THE STATE DEPARTMENT OF
PUBLIC EDUCATION AND SCHOOL DISTRICTS TO ESTABLISH CRITERIA FOR PROVIDERS OF
SUPPLEMENTAL SERVICES UNDER PROVISIONS OF THE FEDERAL NO CHILD LEFT BEHIND ACT
OF 2001.
WHEREAS, the federal No Child
Left Behind Act of 2001 requires each state to establish a definition of
adequate yearly progress to be used in a single statewide accountability system
to measure the progress of all public schools and school districts over the
next twelve years; and
WHEREAS, the federal No Child
Left Behind Act of 2001 requires that when a Title 1 school fails to make
adequate yearly progress for two consecutive years, the school district must
identify that school as a school in need of improvement and the school's plan
for school improvement must include ways to strengthen instruction and address
the causes of failure; and
WHEREAS, the federal act
requires that parents of students in schools receiving Title 1 funds that are identified
as schools in need of improvement have the option to transfer to another public
school in the school district that is not in need of improvement, and parents
of students in Title 1 schools identified for their second year of schools in
need of improvement are eligible to receive supplemental educational services
for their children; and
WHEREAS, the federal act
defines supplemental educational services as extra academic assistance,
including tutoring, remediation and academic intervention, that must take place
outside of the regular school day to ensure that students increase their
academic achievement in core subjects, such as reading, language arts and
mathematics; and
WHEREAS, the federal act
requires states to identify eligible providers of supplemental educational
services through their state educational agencies and to direct those agencies
to develop objective criteria in consultation with parents and to work with
school districts on providing geographically relevant provider lists; and
WHEREAS, student access to
supplemental educational services under the intent of the law is not limited by
the time left in the current school and funding year; and
WHEREAS, the provision of
supplemental education services through the summer break would provide access
to many more students, preparing these students for the fall semester; and
WHEREAS, school districts can
encumber already appropriated funds that would otherwise revert and can provide
a broader base of experience for assessing the program; and
WHEREAS, school districts
should encourage service providers to offer their programs through the summer
break; and
WHEREAS, according to the state
department of public education, approximately eighty percent of New Mexico's
public schools receive Title 1 funds appropriated to New Mexico through the No
Child Left Behind Act of 2001;
NOW, THEREFORE, BE IT RESOLVED
BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state department of
public education encourage application by local entities to provide
supplemental educational services that meet the federal guidelines for
providing services to enable public schools to make adequate yearly progress
and that have demonstrated prior experience and documented success in improving
the achievement of students; and
BE IT FURTHER RESOLVED that
copies of this memorial be transmitted to the superintendent of public
instruction and the director of the legislative education study committee.