SB0370

SENATE BILL 370

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO PUBLIC EDUCATION; ADDING TO THE A-B-C-D-F SCHOOLS RATING ACT A MODIFIED ASSESSMENT FORMULA FOR SUPPLEMENTAL ACCOUNTABILITY MODEL SCHOOLS.

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

SECTION 1. Section 22-2E-2 NMSA 1978 (being Laws 2011, Chapter 10, Section 2) is amended to read:

"22-2E-2. DEFINITIONS.--As used in the A-B-C-D-F Schools Rating Act:

A. "growth" means learning a year's worth of knowledge in one year's time, which is demonstrated by a student's performance on New Mexico standards-based assessments that [shows] demonstrates that the student:

(1) [moving] has moved from one performance level to a higher performance level;

(2) [maintaining] has maintained a proficient or advanced proficient performance level as provided by department rule; or

(3) [remaining] has remained in beginning step or nearing proficient performance level but [improving] has improved a number of scale score points as specified by department rule; [and]

B. "school options" means a right to transfer to any public school not rated an F in the state or to have children continue their schooling through distance learning offered through the statewide or a local cyber academy; and

C. "supplemental accountability model school" means a public school whose enrollment includes at least seventy-five percent of any combination of the following:

(1) students with a history or family history of incarceration or extended or significant involvement in a court system;

(2) students with a history of gang involvement;

(3) students who are pregnant or have one or more children;

(4) students with a history of physical or mental health issues, including abuse, neglect, domestic violence, drug or alcohol use, disease or chronic or severe medical conditions;

(5) students with a history of school discipline issues, including suspension or expulsion;

(6) students with a history of inconsistent school attendance, including multiple unexcused absences and habitual truancy;

(7) students who withdrew from school for one or more semesters;

(8) students with a history of below-grade-level academic performance;

(9) students with a history of not meeting academic expectations pursuant to the students' individualized education plans; or

(10) students with a disability or other special needs."

SECTION 2. Section 22-2E-4 NMSA 1978 (being Laws 2011, Chapter 10, Section 4) is amended to read:

"22-2E-4. ANNUAL RATINGS--LETTER GRADES--RATINGS BASED ON STANDARDS-BASED [TESTS] ASSESSMENTS--RIGHT TO SCHOOL CHOICE--DISTANCE LEARNING--RESPONSIBILITY FOR COST--USE OF FUNDS--ADDITIONAL REMEDY.--

A. All public schools shall be graded annually by the department.

B. The department shall assign a letter grade of A, B, C, D or F to each public school pursuant to criteria established by department rules, after input from the secretary's superintendents' council, that include as a minimum a combination of the following factors in a public school's grade:

(1) for elementary and middle schools other than supplemental accountability model schools:

(a) student proficiency, including achievement on the New Mexico standards-based assessments;

(b) student growth in reading and mathematics; and

(2) for high schools other than supplemental accountability model schools:

(a) student proficiency, including achievement on the New Mexico standards-based assessments;

(b) student growth in reading and mathematics;

(d) additional academic indicators such as high school graduation rates, growth in high school graduation rates, advanced placement and international baccalaureate courses, dual enrollment courses and SAT and ACT scores.

C. The department shall assign a letter grade of A, B, C, D or F to each supplemental accountability model school pursuant to the following modified assessment formula:

(1) the current standing of the school shall be weighted ten points;

(2) the growth of the top seventy-five percent of students shall be weighted twenty points;

(3) the growth of the bottom twenty-five percent of students shall be weighted twenty points;

(4) the results of the opportunity to learn survey shall be weighted twenty points;

(5) the graduation rate shall be weighted ten points; and

(6) the college and career readiness of students shall be weighted twenty points.

[C.] D. The New Mexico standards-based assessments used for rating a school are those administered annually to students in grades three, four, five, six, seven, eight, nine and eleven pursuant to Section 22-2C-4 NMSA 1978.

[D.] E. In addition to any rights a parent may have pursuant to federal law, the parent of a student enrolled in a public school rated F for two of the last four years has the right to transfer the student in the same grade to any public school in the state not rated F or the right to have the student continue schooling by means of distance learning offered through the statewide or a local cyber academy. The school district or charter school in which the student is enrolled is responsible for the cost of distance learning.

[E.] F. The department shall ensure that a local school board or governing body of a charter school is prioritizing resources of a public school rated D or F toward proven programs and methods linked to improved student achievement until the public school earns a grade of C or better for two consecutive years.

[F.] G. The school options available pursuant to the A-B-C-D-F Schools Rating Act are in addition to any remedies provided for in the Assessment and Accountability Act for students in schools in need of improvement or any other interventions prescribed by the federal No Child Left Behind Act of 2001."

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