SENATE BILL 211
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Cynthia Nava
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO EDUCATION; ENACTING HIGH SCHOOL REFORMS; PROVIDING FOR COLLEGE AND WORKPLACE READINESS; PROVIDING FOR TEACHER AND READINESS ASSESSMENT SYSTEMS; PROVIDING FOR ADDITIONAL REQUIREMENTS FOR TEACHER LICENSURE; PROVIDING FOR PROFESSIONAL DEVELOPMENT; CHANGING HIGH SCHOOL GRADUATION REQUIREMENTS; PROVIDING FOR A MIDDLE AND HIGH SCHOOL LITERACY INITIATIVE; REQUIRING A UNIFORM STUDENT IDENTIFICATION NUMBER FOR PUBLIC SCHOOLS AND PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS; CREATING A STUDENT TEACHER SCHOLARSHIP PROGRAM; CREATING A FUND; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2005; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-1-1.2 NMSA 1978 (being Laws 2003, Chapter 153, Section 2) is amended to read:
"22-1-1.2. LEGISLATIVE FINDINGS AND PURPOSE.--
A. The legislature finds that no education system can be sufficient for the education of all children unless it is founded on the sound principle that every child can learn and succeed and that the system must meet the needs of all children by recognizing that student success for every child is the fundamental goal.
B. The legislature finds further that the key to student success in New Mexico is to have a multicultural education system that:
(1) attracts and retains quality and diverse teachers to teach New Mexico's multicultural student population;
(2) holds teachers, students, schools, school districts and the state accountable;
(3) integrates the cultural strengths of its diverse student population into the curriculum with high expectations for all students;
(4) recognizes that cultural diversity in the state presents special challenges for policymakers, administrators, teachers and students; [and]
(5) provides students with a rigorous and relevant high school curriculum that prepares them to succeed in college and the workplace; and
[(5)] (6) elevates the importance of public education in the state by clarifying the governance structure at different levels.
C. The legislature finds further that the teacher shortage in this country has affected the ability of New Mexico to compete for the best teachers and educational leaders and that, unless the state and school districts find ways to prepare new educators, mentor beginning teachers, intervene with teachers while they still show promise, continuously raise the knowledge and skills of teachers, improve the job satisfaction of quality teachers and elevate the teaching profession by shifting to a professional educator licensing and salary system, public schools will be unable to recruit and retain the highest quality teachers in the teaching profession in New Mexico.
D. The legislature finds further that a well-designed, well-implemented and well-maintained assessment and accountability system is the linchpin of public school reform and must ensure that:
(1) students who do not meet or exceed expectations will be given individual attention and assistance through extended learning programs and individualized tutoring;
(2) students have accurate, useful information about their options and the adequacy of their preparation for post-secondary education, training or employment in order to set and achieve high goals;
[(2)] (3) teachers who do not meet performance standards must improve their skills or they will not continue to be employed as teachers;
[(3)] (4) public schools make adequate yearly progress toward educational excellence; and
[(4)] (5) school districts and the state are prepared to actively intervene and improve failing public schools.
E. The legislature finds further that improving children's reading and writing abilities and literacy throughout their years in school must remain a priority of the state.
F. The legislature finds further that the public school governance structure needs to change to provide accountability from the bottom up instead of from the top down. Each school principal, with the help of school councils made up of parents and teachers, must be the instructional leader in the public school, motivating and holding accountable both teachers and students. Each local superintendent must function as the school district's chief executive officer and have responsibility for the day-to-day operations of the school district, including personnel and student disciplinary decisions.
G. It is the purpose of [this] the 2003 public school reform legislation as augmented by this 2007 legislation to provide the framework to implement the legislative findings to ensure student success in New Mexico."
Section 2. Section 22-2C-1 NMSA 1978 (being Laws 2003, Chapter 153, Section 10) is amended to read:
"22-2C-1. SHORT TITLE.--Chapter 22, Article [2A] 2C NMSA 1978 may be cited as the "Assessment and Accountability Act"."
Section 3. Section 22-2C-4 NMSA 1978 (being Laws 2003, Chapter 153, Section 13, as amended) is amended to read:
"22-2C-4. STATEWIDE ASSESSMENT AND ACCOUNTABILITY SYSTEM--INDICATORS--REQUIRED [TESTS] ASSESSMENTS--ALTERNATIVE [TESTS] ASSESSMENTS--LIMITS ON ALTERNATIVES TO ENGLISH LANGUAGE READING TEST.--
A. The department shall establish a statewide assessment and accountability system that is aligned with the state academic content and performance standards and that measures adequate yearly progress for each [student] public school and school district. Adequate yearly progress shall be determined primarily by student academic achievement, as demonstrated by statewide standards-based [academic performance tests] assessments; however, the department may include other indicators of adequate yearly progress, including graduation rates for high schools and attendance for elementary and middle schools.
B. The academic assessment program for adequate yearly progress shall test student achievement as follows [by the school year indicated]:
(1) for grades three through [nine] eight and for grade eleven, standards-based [academic performance tests] assessments in mathematics, reading and language arts and social studies [by the 2005-2006 school year; provided that testing in ninth grade and testing in social studies shall not occur until the legislature has provided funding for test development and implementation];
(2) for grades three through [nine] eight, a standards-based [academic performance] writing assessment with the writing assessment scoring criteria applied to the extended response writing portions of the language arts [criterion-referenced tests by the 2005-2006 school year] standards-based assessments; and
(3) for one of grades three through five and six through [nine] eight and for grade eleven, standards-based [academic performance tests] assessments in science by the 2007-2008 school year.
C. The department shall involve appropriate licensed school employees in the development of the standards-based [academic performance tests] assessments.
D. All students shall participate in the academic assessment program. The department shall adopt standards for reasonable accommodations in [academic testing] standards-based assessments for students with disabilities and limited English proficiency, including when and how accommodations may be applied. The legislative education study committee shall review the standards prior to adoption by the department.
E. Students who have been determined to be limited English proficient may be allowed to take the standards-based [academic performance test] assessment in their primary language. A student who has attended school for three consecutive years in the United States shall participate in the English language reading [test] assessment unless granted a waiver by the department based on criteria established by the department. An English language reading [test] assessment waiver may be granted only for a maximum of two additional years and only on a case-by-case basis."
Section 4. A new section of Chapter 22, Article 2C NMSA 1978 is enacted to read:
"[NEW MATERIAL] STATEWIDE COLLEGE AND WORKPLACE READINESS ASSESSMENT SYSTEM.--
A. The department shall establish a readiness assessment system to measure the readiness of every New Mexico high school student for success in higher education or a career no later than the 2008-2009 school year. The department shall ensure that the readiness assessment system is aligned with state academic content and performance standards, college placement tests and entry-level career skill requirements. The readiness assessment system shall include the following components:
(1) a high school readiness assessment in English, reading, mathematics and science in the fall semester of grade nine;
(2) a college readiness assessment in English, reading and mathematics in grade ten; and
(3) a workplace readiness assessment to assess applied skills in reading, mathematics and locating information in grade eleven.
B. All students at the specified grade level shall participate in the readiness assessment system at no cost to the student for the first administration of each assessment. If a student elects to retake any of the assessments, the school district may require the student to pay some or all of the cost of administering that assessment.
C. The department shall ensure that results of performance on readiness assessments are reported to students, parents and public schools no later than four weeks following the date on which the assessments are administered, in a form that is easily understandable and useful in the next-step planning process. Reports of assessment results shall be provided to students and parents in writing whenever possible, but, if necessary, orally in the language best understood by each student and parent.
D. The department shall adopt standards for reasonable accommodations in the administration of readiness assessments for students with disabilities and limited English proficiency, including when and how accommodations may be applied.
E. In developing or selecting the readiness assessments, the department may adopt commercially available standards-based assessments that meet the requirements of this section. The department shall involve appropriate licensed school employees in the development or selection of readiness assessments."
Section 5. Section 22-8-43 NMSA 1978 (being Laws 2000 (2nd S.S.), Chapter 14, Section 2, as amended) is amended to read:
"22-8-43. PUBLIC SCHOOL READING PROFICIENCY FUND--CREATED.--The "public school reading proficiency fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants and donations. The fund shall be administered by the department, and money in the fund is appropriated to the department to distribute awards to public middle, junior and senior high schools that implement innovative, scientifically based reading programs. The department shall develop procedures and rules for the application and award of money from the fund, including criteria upon which to evaluate innovative, scientifically based reading programs. Public schools receiving funds shall show evidence that they are using quality, scientifically based reading research to improve reading proficiency and shall develop individualized reading plans for students who fail to meet grade level reading proficiency standards. Disbursements of the fund shall be made by warrant of the department of finance and administration pursuant to vouchers signed by the [state superintendent] secretary or the secretary's authorized representative. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert but shall remain to the credit of the fund."
Section 6. Section 22-10A-6 NMSA 1978 (being Laws 1986, Chapter 33, Section 8, as amended) is amended to read:
"22-10A-6. EDUCATIONAL REQUIREMENTS FOR LICENSURE.--
A. The [state board] department shall require a person seeking licensure or reciprocity in elementary or secondary education to have completed the following minimum requirements in the college of arts and sciences:
(1) twelve hours in English;
(2) twelve hours in history, including American history and western civilization;
(3) six hours in mathematics;
(4) six hours in government, economics or sociology;
(5) twelve hours in science, including biology, chemistry, physics, geology, zoology and botany; and
(6) six hours in fine arts.
B. In addition to the requirements specified in Subsections A and C of this section, the [state board] department shall require that a person seeking standard or alternative elementary licensure shall have completed six hours of reading courses and that a person seeking standard or alternative secondary licensure shall have completed three hours of reading courses in subject matter content. The [state board] department shall establish requirements that provide a reasonable period of time to comply with the provisions of this subsection.
C. Except for licensure by reciprocity, the [state board] department shall require, prior to initial licensure, no less than fourteen weeks of [student teaching, a portion of] field experience embedded in the core education courses, which shall occur in the first thirty credit hours taken in the college of education and shall be under the direct supervision of a teacher, and [a portion of] fourteen weeks of student teaching, which shall occur in the student's senior year with the student teacher being directly responsible for the classroom.
D. Nothing in this section shall preclude the [state board] department from establishing or accepting equivalent requirements for purposes of reciprocal licensure or minimum requirements for alternative licensure.
E. Vocational teacher preparatory programs may be exempt from Subsections A through C of this section upon a determination by the [state board] department that other licensure requirements are more appropriate for vocational teacher preparatory programs."
Section 7. Section 22-10A-8 NMSA 1978 (being Laws 2003, Chapter 153, Section 39) is amended to read:
"22-10A-8. ALTERNATIVE LEVEL ONE LICENSE.--
A. The department shall issue an alternative level one license to a person who is at least eighteen years of age and who has:
(1) completed a baccalaureate degree at an accredited institution of higher education, including completion of a minimum of thirty credit hours at either the undergraduate or graduate level in the subject area of instruction for which [he] the person is applying for a license;
(2) completed a master's degree at an accredited institution of higher education, including completion of a minimum of twelve graduate credit hours in the subject area of instruction for which [he] the person is applying for a license; or
(3) completed a doctoral or law degree at an accredited institution of higher education; and
(4) passed the New Mexico teacher assessments examination; and
(5) completed a minimum of twelve semester hours of instruction in teaching principles in a program approved by the department; or
(6) demonstrated to the department through a portfolio process, in conjunction with the school district or state agency, that [he] the person has met the [state board-approved] department-approved competencies for level one teachers that correspond to the grade level that will be taught.
B. A degree referred to in Subsection A of this section shall correspond to the subject area of instruction and the particular grade level that will enable the applicant to teach in a competent manner as determined by the department.
C. An alternative level one teacher shall participate in the same mentorship, evaluation and other professional development requirements as other level one teachers.
D. A school district or state agency shall not discriminate against a teacher on the basis that [he] the teacher holds an alternative level one license.
E. The department shall provide by rule for training and other requirements to support the use of unlicensed content area experts as resources in classrooms, team teaching, on-line instruction, curriculum development and other purposes."
Section 8. A new section of Chapter 22, Article 10A NMSA 1978 is enacted to read:
"[NEW MATERIAL] TEACHER EDUCATION ACCOUNTABILITY REPORT.--
A. The department shall:
(1) design a uniform statewide teacher education accountability reporting system to measure and track teacher education candidates from pre-entry to post-graduation in order to benchmark the productivity and accountability of New Mexico's teacher work force; provided that the system shall be designed in collaboration with:
(a) all public post-secondary teacher preparation programs in New Mexico, including those programs that issue alternative licenses;
(b) the teacher preparation programs' respective public post-secondary educational institutions; and
(c) the higher education department;
(2) require all public post-secondary teacher preparation programs to submit the data required for the uniform statewide teacher education accountability reporting system through the department's student teacher accountability reporting system;
(3) use the uniform statewide teacher education accountability reporting system, in conjunction with the department's student teacher education accountability reporting system, to assess the status of the state's efforts to establish and maintain a seamless pre-kindergarten through post-graduate system of education;
(4) adopt the format for reporting the outcome measures of each teacher preparation program in the state; and
(5) issue an annual statewide teacher education accountability report.
B. The annual teacher education accountability report format shall be clear, concise and understandable to the legislature and the general public. All annual program and statewide accountability reports shall ensure that the privacy of individual students is protected.
C. Each teacher preparation program's annual teacher education accountability report shall include the demographic characteristics of the students and the following indicators of program success:
(1) the standards for entering and exiting the program;
(2) the number of hours required for field experience and for student teaching;
(3) the number and percentage of students needing developmental course work upon entering the program;
(4) the number and percentage of students completing the program;
(5) the number and types of degrees received by students who complete the program;
(6) the number and percentage of students who pass the New Mexico teacher assessments for initial licensure on the first attempt;
(7) a description of the program's placement practices; and
(8) the number and percentage of students hired by New Mexico school districts.
D. The teacher education accountability report shall include an evaluation plan that includes high performance objectives. The plan shall include objectives and measures for:
(1) increasing student achievement for all students;
(2) increasing teacher retention, particularly in the first three years of a teacher's career;
(3) increasing the percentage of students who pass the New Mexico teacher assessments for initial licensure on the first attempt;
(4) increasing the percentage of secondary school classes taught in core academic subject areas by teachers who demonstrate by means of rigorous content area assessments a high level of subject area mastery and a thorough knowledge of the state's academic content and performance standards;
(5) increasing the percentage of elementary school classes taught by teachers who demonstrate by means of a high level of performance in core academic subject areas their mastery of the state academic content and performance standards; and
(6) increasing the number of teachers trained in math, science and technology.
E. In addition to the specifications in Subsections C and D of this section, the annual teacher education accountability report shall also include itemized information on program revenues and expenditures, including staff salaries and benefits and the operational cost per credit hour.
F. The annual teacher education accountability report shall be adopted by each public post-secondary educational institution, reported in accordance with guidelines established by the department to ensure effective communication with the public and disseminated to the governor, legislators and other policymakers and business and economic development organizations by November 1 of each year."
Section 9. Section 22-10A-9 NMSA 1978 (being Laws 2003, Chapter 153, Section 40, as amended by Laws 2005, Chapter 315, Section 6 and by Laws 2005, Chapter 316, Section 3) is amended to read:
"22-10A-9. TEACHER MENTORSHIP PROGRAM FOR LEVEL ONE TEACHERS--PURPOSE--DEPARTMENT DUTIES.--
A. The purpose of the teacher mentorship program is to provide beginning teachers with an effective transition into the teaching field, to build on their initial preparation and to ensure their success in teaching; to improve the achievement of students; and to retain capable teachers in the classroom and to remove teachers who show little promise of success.
B. The department shall develop a framework for a teacher mentorship program for all level one teachers. The department shall work with licensed school employees, representatives from teacher preparation programs and the [commission on] higher education department to establish the framework.
C. The framework shall include:
(1) individual support and assistance for each beginning teacher from a designated mentor;
(2) structured training for mentors;
(3) an ongoing, formative evaluation that is used for the improvement of teaching practice;
(4) procedures for a summative evaluation of beginning teachers' performance during at least the first three years of teaching, including annual assessment of suitability for license renewal, and for final assessment of beginning teachers seeking level two licensure;
(5) support from local school boards, school administrators and other school district personnel; and
(6) regular review and evaluation of the teacher mentorship program.
D. The department shall:
(1) require submission and approval of each school district's teacher mentorship program;
(2) provide technical assistance to school districts that do not have a well-developed teacher mentorship program in place; [and]
(3) encourage school districts to collaborate with teacher preparation program administrators at institutions of higher education, career educators, educational organizations, regional service centers and other state and community leaders in the teacher mentorship program; and
(4) distribute available funds for mentorship programs to school districts annually on a per-teacher basis according to the number of beginning teachers on the fortieth day of the school year.
E. The department shall require that teacher preparation programs collaborate with colleges of arts and sciences and high schools to develop a model to provide mentorship services with structured supervision and feedback to each of their graduates who have obtained a teaching position in a public high school, including charter schools; develop cost estimates; and provide recommendations to the legislative education study committee by November 1, 2007. The model shall provide for the following:
(1) mentorship services for the first year as a level one teacher to each of their graduates who has obtained a teaching position in any New Mexico public high school, including charter schools; provided that teacher preparation programs may enter into contracts or memoranda of agreement with each other or with level three teachers in providing services to their students;
(2) an annual report to the department of the number of teachers that have completed each of their programs the previous spring or summer and have been hired by public high schools, including charter schools, for the following school year; and
(3) an annual report providing a description of the mentorship services that will be provided to each of their teachers, including the name of the teacher, the grade level the teacher has been hired to teach and the name of the school and district where the teacher has been hired."
Section 10. Section 22-10A-19.1 NMSA 1978 (being Laws 2004, Chapter 27, Section 25) is amended to read:
"22-10A-19.1. PROFESSIONAL DEVELOPMENT--SYSTEMIC FRAMEWORK--REQUIREMENTS--DEPARTMENT DUTIES.--
A. The department shall develop a systemic framework for professional development that provides training to ensure quality teachers, school principals and instructional support providers and that improves and enhances student achievement. The department shall work with licensed school employees, the [commission on] higher education department and institutions of higher education to establish the framework.
B. The framework shall include:
(1) the criteria for school districts to apply for professional development funds, including an evaluation component that will be used by the department in approving school district professional development plans; and (2) guidelines for developing extensive professional development activities for school districts that: (a) improve teachers' knowledge of the subjects they teach and [the] their ability to teach those subjects to all of their students;
(b) are an integral part of the public school and school district plans for improving student achievement;
(c) provide teachers, school administrators and instructional support providers with the strategies, support, knowledge and skills to help all students meet New Mexico academic standards;
(d) are high-quality, sustained, intensive and focused on the classroom; and
(e) are developed and evaluated regularly with extensive participation of school employees and parents.
C. The department shall make awards to public schools to provide teachers with release time for targeted site-based professional development consistent with the systemic framework for professional development to address high-priority needs identified by school districts through school district and school educational plans for student success and teachers' professional development plans. Awards shall be funded on a per-hour cost not to exceed twelve hours per teacher per school. A school district or charter school that meets department eligibility requirements may apply to the department for awards. Applications shall be in the form prescribed by the department and shall include the following information:
(1) a detailed description of the targeted needs of the public schools based on their plans pursuant to Subsection C of this section;
(2) a detailed description of the proposed professional development activities;
(3) a detailed budget and a statement of goals and the expected outcomes of the professional development activities; and
(4) a plan for evaluating the quality and results of the professional development activities as measured by the extent to which teachers change their instructional practices to benefit student achievement."
Section 11. Section 22-13-1 NMSA 1978 (being Laws 2003, Chapter 153, Section 57, as amended) is amended to read:
"22-13-1. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS REQUIRED--ACCREDITATION.--
A. The department shall require public schools to address department-approved academic content and performance standards when instructing in specific department-required subject areas as provided in this section. A public school or school district failing to meet these minimum requirements shall not be accredited by the department.
B. All kindergarten through third grade classes shall provide daily instruction in reading and language arts skills, including phonemic awareness, phonics and comprehension, and in mathematics. Students in kindergarten and first grades shall be screened and monitored for progress in reading and language arts skills and students in second grade shall take diagnostic tests on reading and language arts skills.
C. All first, second and third grade classes shall provide instruction in art, music and a language other than English, and instruction that meets content and performance standards shall be provided in physical education and health education.
D. In fourth through eighth grades, instruction that meets academic content and performance standards shall be provided in the following subject areas:
(1) reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year;
(2) mathematics;
(3) language other than English;
(4) communication skills;
(5) science;
(6) art;
(7) music;
(8) social studies;
(9) New Mexico history;
(10) United States history;
(11) geography;
(12) physical education; and
(13) health education.
E. In eighth grade, algebra 1 shall be offered in regular classroom settings or through on-line courses or agreements with high schools.
[E.] F. In fourth through eighth grades, school districts shall offer electives that contribute to academic growth and skill development and provide career and technical education.
[F.] G. In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education."
Section 12. Section 22-13-1.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 5, as amended by Laws 2005, Chapter 314, Section 1 and by Laws 2005, Chapter 315, Section 10) is amended to read:
"22-13-1.1. GRADUATION REQUIREMENTS.--
A. At the end of grades eight through eleven, each student shall prepare an interim next-step plan that sets forth the coursework for the grades remaining until high school graduation. Each year's plan shall explain any differences from previous interim next-step plans, shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's guidance counselor or other school official charged with coursework planning for the student.
B. Each student must complete a final next-step plan during the senior year and prior to graduation. The plan shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's guidance counselor or other school official charged with coursework planning for the student.
C. An individualized education program that meets the requirements of Subsections A and B of this section and that meets all applicable transition and procedural requirements of the federal Individuals with Disabilities Education Act for a student with a disability shall satisfy the next-step plan requirements of this section for that student.
D. A local school board shall ensure that each high school student has the opportunity to develop a next-step plan based on reports of college and workplace readiness assessments and other factors and is reasonably informed about:
(1) curricular and course options, including honors or advanced college placement courses, dual-credit courses, distance learning courses, career clusters or remediation programs that the college and workplace readiness assessments indicate to be appropriate;
(2) opportunities available that lead to different post-high-school options; and
(3) alternative opportunities available if the student does not finish a planned curriculum.
E. The secretary shall:
(1) establish specific accountability standards for administrators, counselors, teachers and school district staff to ensure that every student has the opportunity to develop a next-step plan;
(2) promulgate rules for accredited private schools in order to ensure substantial compliance with the provisions of this section;
(3) monitor compliance with the requirements of this section; and
(4) compile such information as is necessary to evaluate the success of next-step plans and report annually, by December 15, to the legislative education study committee and the governor.
F. Successful completion of a minimum of twenty-three units aligned to the state academic content and performance standards 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 least one of which is equivalent to the algebra 1 level or higher;
(3) two units in science, one of which shall have a laboratory component; provided, however, that with students entering the ninth grade beginning in the 2005-2006 school year, three units in science shall be required, one of which shall have a laboratory component;
(4) three 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 education;
(6) one unit in communication skills or business education, with a major emphasis on writing and speaking and that may include a language other than English;
(7) one-half unit in New Mexico history for students entering the ninth grade beginning in the 2005-2006 school year; and
(8) nine elective units and seven and one-half elective units for students entering the ninth grade in the 2005-2006 school year that meet department content and performance standards. Student service learning shall be offered as an elective.
G. For students entering the ninth grade beginning in the 2009-2010 school year, at least one of the units required for graduation shall be earned as an advanced college placement or honors course, a dual-credit course offered in cooperation with an institution of higher education or a distance learning course.
[G.] H. The department shall establish a procedure for students to be awarded credit through completion of specified career technical education courses for certain graduation requirements.
I. Successful completion of the requirements of the New Mexico diploma of excellence shall be required for graduation for students entering the ninth grade beginning in the 2009-2010 school year, unless a student has written, signed permission from the student's parent to be exempt from the requirement of this subsection. Successful completion of a minimum of twenty-four units aligned to the state academic content and performance standards shall be required to earn a New Mexico diploma of excellence. These units shall be as follows:
(1) four units in English, with major emphasis on grammar, nonfiction writing and literature;
(2) four units in mathematics, at least one of which is equivalent to the level of algebra 2 or higher;
(3) three units in science, two of which shall have a laboratory component;
(4) three and one-half units in social science, which shall include United States history and geography, world history and geography and government and economics, and one-half unit of New Mexico history;
(5) two units in a language other than English;
(6) one unit in physical education;
(7) one unit in communication skills or business education, with a major emphasis on writing and speaking, which may include a language other than English; and
(8) five and one-half elective units that meet department content and performance standards. Student service learning shall be offered as an elective.
[H.] J. Final examinations shall be administered to all students in all classes offered for credit.
[I.] K. Until July 1, 2010, a student [shall not receive a high school diploma] who has not passed a state graduation examination in the subject areas of reading, English, mathematics, writing, science and social science shall not receive a high school diploma. The state graduation examination 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 graduation examination, the student 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 the student takes and passes the state graduation examination, the student may receive a high school diploma.
L. Beginning with the 2010-2011 school year, a student shall not receive a high school diploma if the student has not demonstrated competence in the subject areas of mathematics, reading and language arts, writing, social studies and science, including a section on the constitution of the United States and the constitution of New Mexico, based on a standards-based assessment or assessments or a portfolio of standards-based indicators established by the department by rule no later than January 15, 2008. If a student exits from the school system at the end of grade twelve without having satisfied the requirements of this subsection, the student 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 the student satisfies the requirement of this subsection, the student may receive a high school diploma.
[J.] M. As used in this section:
(1) "final next-step plan" means a next-step plan that shows that the student has committed or intends to commit in the near future to a four-year college or university, a two-year college, a trade or vocational program, an internship or apprenticeship, military service or a job;
(2) "interim next-step plan" means an annual next-step plan in which the student specifies post-high-school goals and sets forth the coursework that will allow the student to achieve those goals; and
(3) "next-step plan" means an annual personal written plan of studies developed by a student in a public school or other state-supported school or institution in consultation with the student's parent and school counselor or other school official charged with coursework planning for the student, including advanced college placement or honors courses, dual-credit courses offered in cooperation with an institution of higher education and distance learning courses.
[K.] N. The secretary may establish a policy to provide for administrative interpretations to clarify curricular and testing provisions of the Public School Code."
Section 13. Section 22-13-1.4 NMSA 1978 (being Laws 2005, Chapter 78, Section 1) is amended to read:
"22-13-1.4. HONORS OR SIMILAR CLASSES IN MATHEMATICS AND LANGUAGE ARTS.--Beginning with the 2006-2007 school year, each school district shall offer at least one honors or similar academically rigorous class each in mathematics and language arts in each high school. Beginning in the 2008-2009 school year, each school district shall also offer a program of courses for dual-credit, in cooperation with an institution of higher education, and a program of distance learning courses."
Section 14. Section 22-13-1.5 NMSA 1978 (being Laws 2005, Chapter 300, Section 1) is amended to read:
"22-13-1.5. CORE CURRICULUM FRAMEWORK--PURPOSE--CURRICULUM.--
A. School districts and charter schools may create core curriculum frameworks to provide high quality curricula in kindergarten through grade six to prepare students for pre-advanced placement and advanced placement coursework in grades seven through twelve.
B. The framework shall include:
(1) a curriculum that is aligned with state academic content and performance standards and that is challenging, specific as to content and sequential from grade to grade, similar to a core curriculum sequence;
(2) in-depth professional development for teachers that includes vertical teaming in content areas; and
(3) content, materials and instructional strategies or methodologies that current research demonstrates are likely to lead to improved student achievement in pre-advanced placement and advanced placement coursework in grades seven through twelve.
C. The framework may be selected from previously developed curricula or may be developed by the school district or charter school.
D. A school district or charter school that meets department eligibility requirements may apply to [the department] eastern New Mexico university for support of its core curriculum framework. Applications shall be in the form prescribed by the [department] university and shall include the following information:
(1) a statement of need;
(2) goals and expected outcomes of the framework;
(3) a detailed description of the curriculum to be implemented;
(4) a detailed work plan and budget for the framework;
(5) documentation of the research upon which the anticipated success of the framework is based;
(6) a description of any partnership proposed to implement the framework, supported by letters of commitment from the partner;
(7) an evaluation plan; and
(8) any other information that the [department] university requires.
E. The [department] university shall award grants within ninety days of the deadline for receipt of grant applications based on a competitive process in response to a request for proposals.
[F. The department shall adopt and promulgate rules to implement the provisions of this section.]"
Section 15. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] MIDDLE AND HIGH SCHOOL LITERACY INITIATIVE.--
A. School districts and charter schools may create comprehensive, coordinated middle and high school literacy initiatives to provide scientifically based literacy programs to improve the reading and writing proficiency of students in grades six through twelve.
B. The design of a middle and high school literacy initiative shall be based upon scientific research that shows that using the methods and materials proposed is effective in improving reading proficiency beyond the primary grades and shall include, at a minimum:
(1) instruction in nonfiction writing;
(2) ongoing teacher and school administrator professional development equal to that which was validated in the supporting research;
(3) use of student assessment data to guide and individualize instruction; and
(4) a rigorous and thorough evaluation component.
C. A middle and high school literacy initiative shall also incorporate some or all of the following elements:
(1) direct, explicit comprehension instruction;
(2) teacher teams, including language arts and content area instructors who implement mutually reinforcing practices;
(3) strategies to encourage motivation and self-directed learning;
(4) text-based collaborative learning by groups of students;
(5) strategic tutoring;
(6) diverse texts;
(7) a technology component; and
(8) extended time for literacy.
D. School districts and charter schools that meet department eligibility requirements may apply to the department for awards from the public school reading proficiency fund for support for their middle and high school literacy initiatives. Applications shall be in a form prescribed by the department."
Section 16. A new section of Chapter 21, Article l NMSA 1978 is enacted to read:
"[NEW MATERIAL] PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS--STUDENT IDENTIFICATION NUMBER.--
A. The higher education department shall, in collaboration with public post-secondary educational institutions, use the same student identification number issued to a New Mexico public school student pursuant to Section 22-2C-11 NMSA 1978 for a student enrolled in a public post-secondary educational institution, including an off-campus instructional program or learning center.
B. In collaboration with the public education department, the higher education department shall:
(1) develop a system for assigning a unique student identifier to a student who did not attend a New Mexico public school;
(2) add an additional identifier to the student identification number for those students who enter a teacher preparation program; and
(3) adopt the format to report individual student data into the public education department's student teacher accountability reporting system.
C. The higher education department shall promulgate rules to carry out the provisions of this section."
Section 17. A new section of Chapter 21 NMSA 1978 is enacted to read:
"[NEW MATERIAL] STUDENT TEACHER SCHOLARSHIP PROGRAM.--
A. To encourage individuals to enter and complete teacher preparation programs and to remain teachers in New Mexico, the higher education department shall promulgate rules to establish and administer a needs-based scholarship program for students during student teaching.
B. In establishing the program, the higher education department shall:
(1) develop standardized methods to identify eligible student teachers and to distribute money to accredited teacher training institutions;
(2) verify that recipients are employed as full-time teachers in a public school setting for at least one year after completion of student teaching;
(3) develop criteria for selection of scholarship recipients, which shall include academic performance, campus involvement, letters of recommendation and personal commitment to the teaching profession;
(4) pay full tuition for recipients for those semesters in which they are full-time student teachers; and
(5) ensure recipients comply with all rules adopted by the department for the scholarship program."
Section 18. A new section of Chapter 21 NMSA 1978 is enacted to read:
"[NEW MATERIAL] STUDENT TEACHER SCHOLARSHIP FUND.--The "student teacher scholarship fund" is created in the state treasury. Money in the fund shall not revert at the end of any fiscal year. The fund consists of appropriations, income from investment of the fund, gifts, grants, donations and bequests. The fund shall be administered by the higher education department, and money in the fund is appropriated to the department for student teacher scholarships. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative. The department shall use no more than three percent in any fiscal year for administration of the fund."
Section 19. APPROPRIATIONS.--
A. Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the legislative education study committee for expenditure in fiscal years 2007 and 2008 to participate in a formal process of aligning New Mexico high school academic content and performance standards, curricula and end-of-course tests in English and mathematics with placement examinations and standards for freshman entry-level courses for degree credit in those subjects at state public post-secondary educational institutions. The legislative education study committee shall collaborate with the public education department and representatives of public schools, the higher education department and representatives of public post-secondary educational institutions, tribal educators and the business community to accomplish this alignment. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
B. Eleven million seven hundred eighty thousand dollars ($11,780,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2007 and 2008 to be allocated as follows, and any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund:
(1) nine million six hundred thousand dollars ($9,600,000) to award to public schools to provide release time for targeted, site-based teacher professional development to address high-priority needs identified by school districts, by school educational plans for success and by teachers' professional development plans. Awards shall be funded on a per-hour cost not to exceed twelve hours per teacher per school;
(2) one million five hundred thousand dollars ($1,500,000) to train school principals and staff teams to be executive turnaround specialists for low-performing schools. The goals of this program are to provide technical assistance to school district staff and to build administrative leadership capacity in order to improve student achievement in a systemic reform process; and
(3) six hundred eighty thousand dollars ($680,000) for two term positions and data-sharing infrastructure costs associated with receiving student data from public post-secondary educational institutions, including teacher preparation programs, into the department's student teacher accountability reporting system.
C. Three million dollars ($3,000,000) is appropriated from the general fund to the public school reading proficiency fund for fiscal years 2007 and subsequent fiscal years to carry out the purposes of the fund. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert but shall remain to the credit of the fund.
D. Nine million seven hundred eighty thousand dollars ($9,780,000) is appropriated from the general fund to the higher education department for expenditure in fiscal years 2007 and 2008 to be allocated as follows, and any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund:
(1) three million dollars ($3,000,000) to partner with the public education department, the office of workforce training and development, representatives of business and others to conduct a marketing and outreach campaign that targets New Mexicans of all ages to create a sense of urgency about completing high school and pursuing post-secondary educational opportunities, emphasizing career clusters. A program evaluation, including specific program goals, criteria for assessing program effectiveness and an assessment of how the program benefits the state, shall be prepared and submitted to the legislative education study committee and the legislative finance committee by October 1, 2007;
(2) three million dollars ($3,000,000) to partner with the public education department, the office of workforce training and development, trade organizations and public schools to develop curricula to support career cluster programs in critical areas of unmet needs, including agriculture, so that the educational system at the secondary and post-secondary levels can respond with meaningful programs to prepare job seekers with necessary skills. A program evaluation, including specific program goals, criteria for assessing program effectiveness and an assessment of how the program benefits the state, shall be prepared and submitted to the legislative education study committee and the legislative finance committee by October 1, 2007;
(3) five hundred thousand dollars ($500,000) to partner with the labor department and the office of workforce training and development to adopt or develop a workforce forecast model. The model shall match projected future worker demand with potential job seekers from educational programs and other sources, grouped by occupation, skill, career cluster and education, resulting in an internet-based career information delivery system for use by planners, students, counselors and job seekers. A program evaluation, including specific program goals, criteria for assessing program effectiveness and an assessment of how the program benefits the state, shall be prepared and submitted to the legislative education study committee and the legislative finance committee by October 1, 2007;
(4) one hundred thousand dollars ($100,000) to partner with the children, youth and families department and the office of workforce training and development for a demonstration project to develop and pilot life-skills training for eighteen- to twenty-one-year-old persons who have aged out of the foster care system. The project intends to better prepare these eighteen- to twenty-one-year-old persons to find employment and become self-sufficient. A program evaluation, including specific program goals, criteria for assessing program effectiveness and an assessment of how the program benefits the state, shall be prepared and submitted to the legislative education study committee and the legislative finance committee by October 1, 2007;
(5) five hundred thousand dollars ($500,000) to partner with the office of workforce training and development for a one-time career readiness certificate demonstration project based on skill areas to pay for student assessment and remedial training. The project shall become self-sustaining after year one and shall aim to better prepare New Mexico students for entry into the work force. The career readiness certificate will provide recognition of the training students have undergone and attest to their competence in a skill area. A program evaluation, including specific program goals, criteria for assessing program effectiveness and an assessment of how the program benefits the state, shall be prepared and submitted to the legislative education study committee and the legislative finance committee by October 1, 2007;
(6) two million dollars ($2,000,000) to support the expansion and improvement of educator preparation field-experience courses at public post-secondary educational institutions statewide. The department shall allocate these funds based on enrollment in field-experience courses among two- and four-year institutions that prepare educators and instructional support providers for licensure by expanding and improving field experiences prior to student teaching, by providing supervision training for cooperating teachers and their administrators and by establishing a model of shared responsibility between the teacher preparation programs and the public schools. The funds shall be used to supplement institutional funds allocated for field-experience programs; and
(7) six hundred eighty thousand dollars ($680,000) for two term positions and data-sharing infrastructure costs in order to report student data from public post-secondary educational institutions, including teacher preparation programs, into the public education department's student teacher accountability reporting system.
E. Five hundred thousand collars ($500,000) is appropriated from the general fund to the student teacher scholarship fund for expenditure in fiscal years 2007 and subsequent fiscal years to make awards for student teacher scholarships. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
F. Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the board of regents of New Mexico state university for expenditure in fiscal year 2008 for the school of hotel restaurant tourism management to implement a statewide hospitality and tourism education initiative in public schools throughout the state. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
Section 20. EFFECTIVE DATE.--The effective date of the provisions of Sections 1 through 17 of this act is July 1, 2007.
Section 21. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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