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AN ACT

RELATING TO EDUCATION; PROVIDING FOR HIGH SCHOOL REDESIGN;

PROVIDING FOR COLLEGE AND WORKPLACE READINESS; PROVIDING NEW

ASSESSMENTS; RAISING THE AGE AT WHICH A STUDENT MAY DROP OUT

OF SCHOOL; ELIMINATING CERTIFICATES OF EMPLOYMENT;

ELIMINATING PART-TIME SCHOOLS; CHANGING HIGH SCHOOL

GRADUATION REQUIREMENTS; PROVIDING FOR A MIDDLE AND HIGH

SCHOOL LITERACY INITIATIVE; INCREASING REQUIRED MINIMUM

INSTRUCTIONAL AREAS IN FIRST THROUGH THIRD AND EIGHTH GRADES;

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 22-1-1.2 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:

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(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;

(5) provides students with a rigorous and

relevant high school curriculum that prepares them to succeed

in college and the workplace; and

(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 that, unless

the state and school districts find ways to mentor beginning

teachers, intervene with teachers while they still show

promise, 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

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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;

(3) teachers who do not meet performance

standards must improve their skills or they will not continue

to be employed as teachers;

(4) public schools make adequate yearly

progress toward educational excellence; and

(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

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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 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 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 ASSESSMENTS--ALTERNATIVE

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ASSESSMENTS--LIMITS ON ALTERNATIVES TO ENGLISH LANGUAGE

READING ASSESSMENTS.--

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 public school and

school district. Adequate yearly progress shall be

determined primarily by student academic achievement, as

demonstrated by statewide standards-based 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:

(1) for grades three through eight and for

grade eleven, standards-based assessments in mathematics,

reading and language arts and social studies;

(2) for grades three through eight, a

standards-based writing assessment with the writing

assessment scoring criteria applied to the extended response

writing portions of the language arts standards-based

assessments; and

(3) for one of grades three through five and

six through eight and for grade eleven, standards-based

assessments in science by the 2007-2008 school year.

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C. The department shall involve appropriate

licensed school employees in the development of the

standards-based assessments.

D. All students shall participate in the academic

assessment program. The department shall adopt standards for

reasonable accommodations in 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

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

assessment unless granted a waiver by the department based on

criteria established by the department. An English language

reading 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:

"STATEWIDE COLLEGE AND WORKPLACE READINESS ASSESSMENT

SYSTEM.--

A. The department shall establish a readiness

assessment system to measure the readiness of every New

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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.

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

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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 high school or

college 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

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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 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 22-12-2 NMSA 1978 (being Laws 1967,

Chapter 16, Section 170, as amended) is amended to read:

"22-12-2. COMPULSORY SCHOOL ATTENDANCE--

RESPONSIBILITY.--

A. Except as otherwise provided, a

school-age person shall attend public school, private school,

home school or a state institution until the school-age

person is at least eighteen years of age unless that person

has graduated from high school or received a general

educational development certificate. A parent may give

written, signed permission for the school-age person to leave

school in case of hardship approved by the local

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superintendent.

B. A school-age person subject to the provisions

of the Compulsory School Attendance Law shall attend school

for at least the length of time of the school year that is

established in the school district in which the person is a

resident or the state-chartered charter school in which the

person is enrolled and the school district or state-chartered

charter school shall not excuse a student from attending

school except as provided in that law or for

parent-authorized medical reasons.

C. Any parent of a school-age person subject to

the provisions of the Compulsory School Attendance Law is

responsible for the school attendance of that person.

D. Each local school board and each governing body

of a charter school or private school shall enforce the

provisions of the Compulsory School Attendance Law for

students enrolled in their respective schools."

Section 7. 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

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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 science, social studies,

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;

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(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. Beginning with the 2008-2009 school year, in

eighth grade, algebra 1 shall be offered in regular classroom

settings or through on-line courses or agreements with high

schools.

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.

G. In ninth through twelfth grades, instruction

that meets academic content and performance standards shall

be provided in health education."

Section 8. 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

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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, as available, and other factors and is

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reasonably informed about:

(1) curricular and course options, including

honors or advanced 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

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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

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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

placement or honors course, a dual-credit course offered in

cooperation with an institution of higher education or a

distance learning course.

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. 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, of which one

shall be the equivalent to or higher than the level of

algebra 2, unless the parent submitted written, signed

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permission for the student to complete a lesser mathematics

unit;

(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) one unit in physical education;

(6) one unit in one of the following:

a career cluster course, workplace readiness or a language

other than English; and

(7) seven and one-half elective units that

meet department content and performance standards. Student

service learning shall be offered as an elective.

J. Final examinations shall be administered to all

students in all classes offered for credit.

K. Until July 1, 2010, a student 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

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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 New Mexico diploma of excellence

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 New Mexico

diploma of excellence.

M. As used in this section:

(1) "final next-step plan" means a next-step

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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 that includes one or more of the

following:

(a) advanced placement or honors

courses;

(b) dual-credit courses offered in

cooperation with an institution of higher education; and

N. The secretary may establish a policy to provide

for administrative interpretations to clarify curricular and

testing provisions of the Public School Code."

Section 9. Section 22-13-1.4 NMSA 1978 (being Laws

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2005, Chapter 78, Section 1) is amended to read:

"22-13-1.4. HONORS OR SIMILAR CLASSES IN MATHEMATICS

AND LANGUAGE ARTS--DUAL CREDIT COURSES--LANGUAGES OTHER THAN

ENGLISH.--

A. 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.

B. 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.

C. Beginning with the 2009-2010 school year,

each school district shall offer at least two years of a

language other than English in each high school."

Section 10. A new section of the Public School Code is

enacted to read:

"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

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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

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(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 11. REPEAL.--Sections 22-12-6, 22-13-9 and

22-13-10 NMSA 1978 (being laws 1967, Chapter 16, Sections

174, 183 and 184) are repealed.

Section 12. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.