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AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING SUPPLEMENTAL SERVICES

FOR CERTAIN STUDENTS; REQUIRING A SLIDING-FEE SCHEDULE BASED

ON EDUCATIONAL LEVELS OF TUTORS; REQUIRING STANDARD

ASSESSMENTS FOR STUDENT ACHIEVEMENT THROUGH SUPPLEMENTAL

SERVICES.

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

Section 1. Section 22-2C-7 NMSA 1978 (being Laws 2003,

Chapter 153, Section 16) is amended to read:

"22-2C-7. ADEQUATE YEARLY PROGRESS--SCHOOL IMPROVEMENT

PLANS--CORRECTIVE ACTION.--

A. A public school that fails to make adequate

yearly progress for two consecutive school years shall be

ranked as a school that needs improvement.

B. Within ninety days of being notified that a

public school within the school district has been ranked as a

public school that needs improvement, the school district

shall submit an improvement plan for that public school to

the department. In developing the improvement plan, the

local superintendent, the president of the local school board

and the school principal of the public school that needs

improvement shall hold a public meeting to inform parents and

the public of the public school's rank. The meeting shall be

used to elicit suggestions from parents and the public on how

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to improve the public school. After the public meeting, the

school district shall develop the public school's improvement

plan, and the local school board shall approve the

improvement plan before it is submitted to the department.

The improvement plan shall be approved by the department

within thirty days of its submission.

C. The improvement plan shall include:

(1) documentation of performance measures in

which the public school failed to make adequate yearly

progress;

(2) measurable objectives to indicate the

action that will be taken to address failed measures;

(3) benchmarks to be used to indicate

progress in meeting academic content and performance

standards;

(4) an estimate of the time and the

resources needed to achieve each objective in the improvement

plan;

(5) the support services that shall be

provided to students and applications for federal and state

funds; and

(6) any other information that the public

school that needs improvement, the local superintendent, the

local school board or the department deems necessary.

D. A public school that needs improvement may

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apply to the department for financial or other assistance in

accordance with the improvement plan. The public school

shall make application for assistance substantially in the

form required by the department. The department shall

evaluate applications for assistance and may recommend

changes to an application or to an improvement plan if

warranted by the final application. The department shall

consider innovative methods to assist the public school in

meeting its improvement plan, including department or other

school employees serving as a mobile assistance team to

provide administrative, classroom, human resource and other

assistance to the public school that needs improvement as

needed and as provided in applications approved by the

department.

E. If a public school fails to make adequate

yearly progress for two or more consecutive school years, it

shall provide transportation or pay the cost of

transportation, within available funds, for students who

choose to enroll in a higher ranked public school.

F. If a public school fails to make adequate

yearly progress for three or more consecutive school years,

it shall provide supplemental services, including

after-school programs, tutoring and summer services to its

Title I eligible students, within available funds.

G. The department shall adopt rules that govern

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the priority for students for whom supplemental services

shall be provided and for students for whom transportation

costs are paid. The rules shall include the adoption of a

sliding-fee schedule based on the educational level of tutors

in New Mexico; and require that providers use a

pre- and post-assessment instrument approved by the

department to measure the gains that students achieve through

supplemental services.

H. If a public school fails to make adequate

yearly progress for four consecutive school years, it shall

be ranked as a public school subject to corrective action and

the school district, in conjunction with the department,

shall take one or more of the following actions in addition

to earlier improvements:

(1) replace staff as allowed by law;

(2) implement a new curriculum;

(3) decrease management authority of the

public school;

(4) appoint an outside expert to advise the

public school;

(5) extend the school day or year; or

(6) change the public school's internal

organizational structure.

I. If a public school fails to make adequate

yearly progress for five consecutive school years, the school

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district, in conjunction with the department, shall take one

or more of the following actions in addition to other

improvements:

(1) reopen the public school as a charter

school;

(2) replace all or most of the staff as

allowed by law;

(3) turn over the management of the public

school to the department; or

(4) make other governance changes.

J. A school district that fails to make adequate

yearly progress for two consecutive school years may be

subject to the same requirements as a public school that

needs improvement or the same requirements as a public school

subject to corrective action, as determined by the

department. A school district that fails to make adequate

yearly progress for four consecutive school years shall be

subject to corrective action.

K. The state or a school district shall not enter

into management contracts with private entities for the

management of a public school or a school district subject to

corrective action."