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AN ACT
RELATING TO PUBLIC SCHOOLS; AMENDING SECTION 22-2C-4 NMSA
1978 (BEING LAWS 2003, CHAPTER 153, SECTION 13, AS AMENDED)
TO REQUIRE THE PUBLIC EDUCATION DEPARTMENT TO PROVIDE TO
SCHOOL DISTRICTS THEIR RESPECTIVE STUDENTS' SCORES ON ALL
REQUIRED STANDARDS-BASED ACADEMIC PERFORMANCE TESTS PRIOR TO
THE COMMENCEMENT OF THE SCHOOL YEAR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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
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.
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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.
C. The department shall involve appropriate
licensed school employees in the development of the
standards-based assessments.
D. Before August 5 of each year, the department
shall provide student scores on all standards-based
assessments taken during the prior school year and required
in Subsection B of this section to students' respective
school districts in order to make test score data available
to assist school district staff with appropriate grade-level
and other placement for the current school year.
E. All students shall participate in the academic
assessment program. The department shall adopt standards for
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reasonable accommodations in academic testing 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.
F. 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 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2008.