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AN ACT
RELATING TO PUBLIC SCHOOLS; DISTINGUISHING A STUDENT'S
ACADEMIC PROFICIENCY FROM THE ADEQUATE YEARLY PROGRESS OF
PUBLIC SCHOOLS AND SCHOOL DISTRICTS; CONFORMING RANKINGS OF
SCHOOLS IN NEED OF IMPROVEMENT WITH FEDERAL REQUIREMENTS;
PROVIDING A PROCESS FOR REOPENING FAILING SCHOOLS AS
STATE-CHARTERED CHARTER SCHOOLS; PROVIDING FOR THE
DISAGGREGATION OF DATA BY GENDER; RECONCILING MULTIPLE
AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2005.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-1-2 NMSA 1978 (being Laws 2003,
Chapter 153, Section 3, as amended by Laws 2005, Chapter 313,
Section 3 and by Laws 2005, Chapter 315, Section 1) is
amended to read:
"22-1-2. DEFINITIONS.--As used in the Public School
Code:
A. "academic proficiency" means mastery of the
subject-matter knowledge and skills specified in state
academic content and performance standards for a student's
grade level;
B. "adequate yearly progress" means the measure
adopted by the department based on federal requirements to
assess the progress that a public school or school district
or the state makes toward improving student achievement;
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C. "commission" means the public education
commission;
D. "department" means the public education
department;
E. "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;
F. "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;
G. "instructional support provider" means a person
who is employed to support the instructional program of a
school district, including educational assistant, school
counselor, social worker, school nurse, speech-language
pathologist, psychologist, physical therapist, occupational
therapist, recreational therapist, interpreter for the deaf
and diagnostician;
H. "licensed school employee" means teachers,
school administrators and instructional support providers;
I. "local school board" means the policy-setting
body of a school district;
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J. "local superintendent" means the chief
executive officer of a school district;
K. "parent" includes a guardian or other person
having custody and control of a school-age person;
L. "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;
M. "public school" means that part of a school
district that is a single attendance center in which
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 and includes a
charter school;
N. "school" means a supervised program of
instruction designed to educate a student in a particular
place, manner and subject area;
O. "school administrator" means a person licensed
to administer in a school district and includes school
principals and central district administrators;
P. "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
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be used for a person who is classified as special education
membership as defined in Section 22-8-21 NMSA 1978 or as a
resident of a state institution;
Q. "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;
R. "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;
S. "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;
T. "school employee" includes licensed and
nonlicensed employees of a school district;
U. "school principal" means the chief
instructional leader and administrative head of a public
school;
V. "school year" means the total number of
contract days offered by public schools in a school district
during a period of twelve consecutive months;
W. "secretary" means the secretary of public
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education;
X. "state agency" or "state institution" means the
New Mexico military institute, New Mexico school for the
blind and visually impaired, 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, New Mexico behavioral health institute at Las Vegas
and any other state agency responsible for educating resident
children;
Y. "state educational institution" means an
institution enumerated in Article 12, Section 11 of the
constitution of New Mexico;
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 level
one, two or three-A license and whose primary duty is
classroom instruction or the supervision, below the school
principal level, of an instructional program or whose duties
include curriculum development, peer intervention, peer
coaching or mentoring or serving as a resource teacher for
other teachers;
BB. "certified school instructor" means a teacher
or instructional support provider; and
CC. "certified school employee" or "certified
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school personnel" means a licensed school employee."
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 2C NMSA
1978 may be cited as the "Assessment and Accountability
Act"."
Section 3. Section 22-2C-5 NMSA 1978 (being Laws 2003,
Chapter 153, Section 14) is amended to read:
"22-2C-5. STUDENT ACHIEVEMENT RATINGS--CALCULATION OF
ADEQUATE YEARLY PROGRESS.--The department shall adopt the
process and methodology for calculating adequate yearly
progress. The statewide standards-based assessments used to
assess adequate yearly progress shall be valid and reliable
and shall conform with nationally recognized professional and
technical standards. Academic performance shall be measured
by school and by the following subgroups:
A. ethnicity;
B. race;
C. limited English proficiency;
D. students with disabilities; and
E. poverty."
Section 4. Section 22-2C-6 NMSA 1978 (being Laws 1986,
Chapter 33, Section 7, as amended) is amended to read:
"22-2C-6. REMEDIATION PROGRAMS--PROMOTION POLICIES--
RESTRICTIONS.--
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A. Remediation programs, academic improvement
programs and promotion policies shall be aligned with
school-district-determined assessment results and
requirements of the state assessment and accountability
program.
B. Local school boards shall approve
school-district-developed remediation programs and academic
improvement programs to provide special instructional
assistance to students in grades one through eight who do not
demonstrate academic proficiency. The cost of remediation
programs and academic improvement programs shall be borne by
the school district. Remediation programs and academic
improvement programs shall be incorporated into the school
district's educational plan for student success and filed
with the department.
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; however,
where parents are determined to be indigent according to
guidelines established by the department, the school district
shall bear those costs.
D. Diagnosis of weaknesses identified by a
student's academic achievement may serve as criteria in
assessing the need for remedial programs or retention.
E. A parent shall be notified no later than the
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end of the second grading period that the parent's child is
not academically proficient, and a conference consisting of
the parent and the teacher shall be held to discuss possible
remediation programs available to assist the student in
becoming academically proficient. Specific academic
deficiencies and remediation strategies shall be explained to
the student's parent and a written intervention plan
developed containing time lines, academic expectations and
the measurements to be used to verify that a student has
overcome academic deficiencies. Remediation programs and
academic improvement programs include tutoring, extended day
or week programs, summer programs and other research-based
interventions and models for student improvement.
F. At the end of grades one through seven, three
options are available, dependent on a student's academic
proficiency:
(1) the student is academically proficient
and shall enter the next higher grade;
(2) the student is not academically
proficient and shall participate in the required level of
remediation. Upon certification by the school district that
the student is academically proficient, the student shall
enter the next higher grade; or
(3) the student is not academically
proficient after completion of the prescribed remediation
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program and upon the recommendation of the teacher 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 become
academically proficient, at which time the student shall
enter the next higher grade; or
(b) promoted to the next grade if the
parent refuses to allow the child to be retained pursuant to
Subparagraph (a) of this paragraph. In this case, the parent
shall sign a waiver indicating the parent's 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 time lines
and monitoring activities to ensure progress toward
overcoming those academic deficiencies. Students failing to
become academically proficient at the end of that year as
measured by grades, performance on school district
assessments and other measures identified by the school
district shall be retained in the same grade for no more than
one year in order to have additional time to achieve academic
proficiency.
G. At the end of the eighth grade, a student who
is not academically proficient shall be retained in the
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eighth grade for no more than one school year to become
academically proficient or if the student assistance team
determines that retention of the student in the eighth grade
will not assist the student to become academically
proficient, the team shall design a high school graduation
plan to meet the student's needs for entry into the work
force 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. A student who does not demonstrate academic
proficiency for two successive school years shall be referred
to the student assistance team for placement in an
alternative program designed by the school district.
Alternative program plans shall be filed with the department.
I. 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. 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 standards required for a
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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) "school-district-determined assessment
results" means the results obtained from student assessments
developed or adopted 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 public school and
the school district that addresses methods to improve student
learning and success in school and that identifies specific
measures of a student's progress; and
(4) "student assistance team" means a group
consisting of a student's:
(a) teacher;
(b) school counselor;
(c) school administrator; and
(d) parent."
Section 5. Section 22-2C-7 NMSA 1978 (being Laws 2003,
Chapter 153, Section 16, as amended) is amended to read:
"22-2C-7. ADEQUATE YEARLY PROGRESS--SCHOOL IMPROVEMENT
PLANS--CORRECTIVE ACTION--RESTRUCTURING.--
A. A public school that fails to make adequate
yearly progress for two consecutive school years shall be
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identified as a school in need of improvement. A school in
need of improvement shall be ranked as:
(1) school improvement 1;
(2) school improvement 2;
(3) corrective action;
(4) restructuring 1; or
(5) restructuring 2.
B. Within ninety days of being notified that a
public school within the school district has been identified
as a public school in need of 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 in
need of 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 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
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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;
(6) applications that have been made for
federal and state funds; and
(7) 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 in need of improvement may
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
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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 has failed to make adequate
yearly progress for two consecutive school years it shall be
placed in school improvement 1 and 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 has failed to make adequate
yearly progress for three consecutive school years it shall
be placed in school improvement 2 and 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
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
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post-assessment instrument approved by the department to
measure the gains that students achieve through supplemental
services.
H. If a public school has failed to make adequate
yearly progress for four consecutive school years, it shall
be placed in 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 has failed to make adequate
yearly progress for five consecutive school years, it shall
be placed in restructuring 1 and shall continue the
improvement measures implemented pursuant to Subsections B
through H of this section and begin planning for
restructuring of the public school if it fails to make
adequate yearly progress in the sixth year.
J. If a public school has failed to make adequate
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yearly progress for six consecutive years, it shall be placed
in restructuring 2. The school district, in conjunction with
the department, shall take one or more of the following
actions in addition to other improvements:
(1) recommend reopening the public school as
a state-chartered charter school as provided in
Section 22-2C-7.1 NMSA 1978;
(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.
K. A school district that has failed to make
adequate yearly progress for two consecutive school years may
be subject to 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.
L. The state, a school district or a charter
school shall not enter into management contracts with private
entities for the management of a public school or a school
district subject to corrective action.
M. If a public school that is identified as a
school in need of improvement makes adequate yearly progress
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in the year that it has been placed in school improvement 1,
school improvement 2, corrective action or restructuring 1,
it shall not move to the next school improvement rank for one
year. If the public school makes adequate yearly progress
for a second consecutive year, it shall be removed from the
ranks of schools in need of improvement.
N. Nothing in this section shall be construed to
restrict the powers and duties of the secretary or the
department under the Public School Code."
Section 6. A new section of the Assessment and
Accountability Act, Section 22-2C-7.1 NMSA 1978, is enacted
to read:
"22-2C-7.1. FAILING SCHOOL SUBJECT TO REOPENING AS
STATE-CHARTERED CHARTER SCHOOL--REQUIREMENTS.--
A. If, pursuant to Subsections I and J of Section
22-2C-7 NMSA 1978, the school district in which a public
school that has failed to make adequate yearly progress for
five consecutive years recommends that the public school be
reopened as a state-chartered charter school, the department,
after holding a public hearing in the school district, may
take steps to have the public school reopened as a
state-chartered charter school.
B. To reopen as a state-chartered charter school:
(1) the school's current enrollment for all
grades cannot exceed ten percent of the total MEM of the
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school district where it is located when the school district
has a total enrollment of less than one thousand three
hundred students;
(2) the department, after obtaining
information and community input during the public hearing,
shall find at least five qualified persons willing to serve
in an interim capacity as a governing body;
(3) the governing body shall employ a
qualified school administrator within thirty days of its
appointment by the department;
(4) the governing body shall qualify as a
board of finance and satisfy any conditions imposed by the
commission prior to commencing full operation;
(5) the governing body shall develop a
written plan and proposed charter that is satisfactory to the
commission and that at a minimum addresses the following
issues:
(a) the employment, discharge,
termination or displacement of current school employees,
including the effect of employment decisions on current
employment contracts and collective bargaining agreements;
(b) fiscal and records management;
(c) instructional and administrative
facilities;
(d) student transportation;
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(e) special education;
(f) curriculum;
(g) education-related and other
services;
(h) accreditation;
(i) food service;
(j) graduation requirements, if a
waiver of state graduation requirements is sought;
(k) governance turnover; and
(l) student assessments and school
accountability;
(6) the governing body and the school shall
comply with any other substantive or procedural requirements
imposed on them by law or rule of the department; and
(7) the department and the governing body
shall have a plan to provide for an orderly transition.
C. If, within ninety days of its determination
that the school should be reopened as a state-chartered
charter school, the department is unable to constitute a
qualified governing body or the governing body does not have
its charter approved by the commission and does not find a
qualified school administrator able to commence operation of
the proposed state-chartered charter school, the failing
school shall not be reopened as a state-chartered charter
school. Failure to reopen the school as a state-chartered
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charter school does not affect other actions that may be
taken to improve the school.
D. The provisions of the Charter Schools Act shall
apply to a public school that is reopened as a
state-chartered charter school."
Section 7. Section 22-2C-11 NMSA 1978 (being Laws 2003,
Chapter 153, Section 20, as amended) is amended to read:
"22-2C-11. ASSESSMENT AND ACCOUNTABILITY SYSTEM
REPORTING--PARENT SURVEY--DATA SYSTEM--FISCAL INFORMATION.--
A. The department shall:
(1) issue a state identification number for
each public school student for use in the accountability data
system;
(2) adopt the format for reporting
individual student assessments to parents. The student
assessments shall report each student's progress and academic
needs as measured against state standards;
(3) adopt the format for reporting annual
yearly progress of public schools, school districts and the
department. If the department has adopted a state improving
schools program, the annual accountability report shall
include the results of that program for each public school.
The annual accountability report format shall be clear,
concise and understandable to parents and the general public.
All annual accountability reports shall ensure that the
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privacy of individual students is protected; and
(4) require that when public schools, school
districts and the state disaggregate and report school data
for demographic subgroups, they include data disaggregated by
gender.
B. Local school boards may establish additional
indicators through which to measure the school district's
performance in areas other than adequate yearly progress.
C. The school district's annual accountability
report shall include a report of graduation rates for each
public high school in the school district. As part of the
graduation rate data, the school district shall indicate
contributing factors to nongraduation such as transfer out of
the school district, pregnancy, dropout and other factors as
known.
D. The school district's annual accountability
report shall include the results of a survey of parents'
views of the quality of their children's school. The survey
shall be conducted each year in time to include the results
in the annual accountability report. The survey shall
compile the results of a written questionnaire that shall be
sent home with the students to be given to their parents.
The survey may be completed anonymously. The survey shall be
no more than one page, shall be clearly and concisely written
and shall include not more than twenty questions that shall
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be answered with options of a simple sliding scale ranging
from "strongly agree" to "strongly disagree" and shall
include the optional response "don't know". The survey shall
also include a request for optional written comments, which
may be written on the back of the questionnaire form. The
questionnaire shall include questions in the following areas:
(1) parent-teacher-school relationship and
communication;
(2) quality of educational and
extracurricular programs;
(3) instructional practices and techniques;
(4) resources;
(5) school employees, including the school
principal; and
(6) parents' views of teaching staff
expectations for the students.
E. The department shall develop no more than ten
of the survey questions, which shall be reviewed by the
legislative education study committee prior to
implementation. No more than five survey questions shall be
developed by the local school board, and no more than five
survey questions shall be developed by the staffs of each
public school; provided that at least one-half of those
questions shall be developed by teachers rather than school
administrators, in order to gather information that is
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specific to the particular community surveyed. The
questionnaires shall indicate the public school site and
shall be tabulated by the department within thirty days of
receipt and shall be returned to the respective schools to be
disseminated to all parents.
F. The school district's annual accountability
report shall be adopted by the local school board, shall be
published no later than November 15 of each year and shall be
published at least once each school year in a newspaper of
general circulation in the county where the school district
is located. In publication, the report shall be titled "The
School District Report Card" and disseminated in accordance
with guidelines established by the department to ensure
effective communication with parents, students, educators,
local policymakers and business and community organizations.
G. The annual accountability report shall include
the names of those local school board members who failed to
attend annual mandatory training.
H. The annual accountability report shall include
data on expenditures for central office administration and
expenditures for the public schools of the school district.
I. The department shall create an accountability
data system through which data from each public school and
each school district may be compiled and reviewed. The
department shall provide the resources to train school
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district personnel in the use of the accountability data
system.
J. The department shall verify data submitted by
the school districts.
K. At the end of fiscal year 2005, after the
budget approval cycle, the department shall produce a report
to the legislature that shows for all school districts using
performance-based program budgeting the relationship between
that portion of a school district's program cost generated by
each public school in the school district and the budgeted
expenditures for each public school in the school district as
reported in the district's performance-based program budget.
At the end of fiscal year 2006 and subsequent fiscal years,
after the budget approval cycle, the department shall report
on this relationship in all public schools in all school
districts in the state.
L. When all public schools are participating in
performance-based budgeting, the department shall recommend
annually to the legislature for inclusion in the general
appropriation act the maximum percentage of appropriations
that may be expended in each school district for central
office administration.
M. The department shall disseminate its statewide
accountability report to school districts; the governor,
legislators and other policymakers; and business and economic
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development organizations."