SENATE BILL 640

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

INTRODUCED BY

John M. Sapien and Rick Miera

AN ACT

RELATING TO PUBLIC SCHOOLS; ENACTING THE READING PROFICIENCY ACT; REQUIRING BASELINE ASSESSMENT DATA ON READING PROFICIENCY FOR STUDENTS IN KINDERGARTEN THROUGH GRADE THREE; PROVIDING INTERVENTION AND REMEDIATION MEASURES FOR STUDENTS IN KINDERGARTEN THROUGH GRADE EIGHT WHO DO NOT DEMONSTRATE READING PROFICIENCY; REQUIRING REPORTING TO THE LEGISLATURE; REQUIRING SCHOOL DISTRICTS TO MAINTAIN STUDENT INTERVENTION FILES; AMENDING REMEDIATION AND PROMOTION POLICIES OF THE PUBLIC SCHOOL CODE TO CONFORM WITH THE READING PROFICIENCY ACT; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Reading Proficiency Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] PURPOSE OF ACT.--The purpose of the Reading Proficiency Act is to ensure that students who experience difficulties with reading proficiency are provided multiple opportunities for early intervention and remediation in kindergarten through grade eight."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Reading Proficiency Act:

          A. "academic improvement plan" means a written document developed by the student assistance team that describes the specific reading standards required for a certain grade level that a student has not achieved and that prescribes intervention and remediation programs that have demonstrated effectiveness and can be implemented during the intensive targeted instruction within the school day or during summer school or extended day or week programs and with tutoring;

          B. "intensive targeted instruction" means extra instruction in either small groups or as individuals that shall be no less than twenty minutes per day and five days per week or the equivalent;

          C. "intervention" means targeted instructional practice for individual students or small groups of students aligned with the results of a valid and reliable assessment or response to intervention;

          D. "reading proficiency" means a score on a valid and reliable assessment that is higher than the lowest level established by the department;

          E. "remediation programs" includes summer school, extended day or week programs, tutoring, progress-based monitoring and other research-based models for student improvement;

          F. "school district" includes both a public school district and a locally chartered or state-chartered charter school;

          G. "screening" means a district-determined assessment that is the same for all school districts, is approved by the department and that measures the acquisition of reading skills, including but not limited to phonological awareness, phonics, reading fluency, vocabulary and comprehension;

          H. "student assistance team" means a group consisting of a student's:

                (1) teachers;

                (2) school counselor;

                (3) school administrator;

                (4) parent; and

                (5) if the student or parent wishes, a student advocate chosen by the student or parent; and

          I. "valid and reliable assessments" means assessments that are:

                (1) school district-approved;

                (2) appropriate to targeted populations; and

                (3) thoroughly tested, peer-reviewed and accepted by authorities and practitioners in the field."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] KINDERGARTEN THROUGH GRADE THREE--BASELINE ASSESSMENT DATA--INTERVENTION--REMEDIATION.--

          A. The screening shall be given at the beginning of the school year to students enrolled in kindergarten through grade three. 

          B. Each public school shall use the screening results to establish baseline assessment data on reading proficiency for students in kindergarten through grade three.

          C. For students in kindergarten through grade three, prescribed intervention and remediation programs and academic improvement programs shall be adopted and aligned with the screening results and be aligned with the state standards for each grade level and subject area pursuant to Section

22-13-1.6 NMSA 1978.

          D. Beginning with the 2013-2014 school year, school districts shall approve prescribed intervention and remediation programs and academic improvement programs that have demonstrated effectiveness in providing special instructional assistance to students in kindergarten through grade three who do not demonstrate reading proficiency.

          E. If the screening results for students in grades kindergarten through grade three indicate that a student has not achieved reading proficiency, the student assistance team shall develop an reading improvement plan for the student by the eightieth day of the school year that delineates the areas in which the student needs prescribed intervention and remediation programs that shall be included in the plan, including the specific strategies for a parent to use in helping the child achieve reading proficiency.

          F. The parent of a student who is in kindergarten or first, second or third grade and who has not achieved reading proficiency shall be given notice by the eightieth day of the school year that the student shall be provided with intensive targeted instruction. If a parent refuses to allow the student to participate in any prescribed intervention or remediation, the school district shall provide an appropriate form that must be signed by the parent that indicates the parent's refusal to allow the student to participate in the prescribed intervention or remediation."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] GRADES FOUR THROUGH EIGHT--INTERVENTION--REMEDIATION--STUDENT INTERVENTION FILE.--

          A. To assess the reading proficiency of students in grades four through eight, school districts shall use a valid and reliable assessment.

          B. In grades four through eight, prescribed intervention and remediation programs, academic improvement programs and promotion policies shall be aligned with valid and reliable assessment results and be aligned with the state standards for each grade level and subject area pursuant to Section 22-13-1.6 NMSA 1978.

          C. If a student in grade four through eight does not demonstrate reading proficiency, a parent shall be notified in writing no later than the end of the first grading period of the school year and a conference with the student assistance team shall be held to discuss strategies, including prescribed intervention and remediation programs available to assist the student in achieving reading proficiency. At the meeting, the areas in which the student needs improvement and the available strategies, prescribed intervention and remediation programs shall be presented orally and in writing to the parent, and an academic improvement plan shall be developed that contains time lines, academic expectations and measurements to be used to verify that a student is achieving reading proficiency. The parent shall be provided with specific strategies to use in helping the student achieve reading proficiency. The school shall immediately implement prescribed intervention and remediation programs and the academic improvement plan for the remainder of the school year.

          D. For each student who does not demonstrate reading proficiency in grades four through eight, the school shall maintain a student intervention file that contains a copy of the written notice to the parent and a description of the implemented intervention, remediation programs and academic improvement plan and any promotion or retention recommendations. The student intervention file shall be maintained as part of the student's permanent record to help successive teachers and schools meet the student's academic needs through further intervention, remediation and, if necessary, retention."

     SECTION 6. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] REPORTING.--

          A. By September 30 of each year, each school district shall provide to the department a professional development plan that includes proposals for teachers to receive professional development to adopt effective instructional strategies in the areas of reading. By May 15 of each year, each school district shall include in its annual accountability report:

                (1) the number and percentage of students identified as requiring intervention;

                (2) the number and percentage of students who received intervention and remediation and:

                     (a) achieved reading proficiency within the school year; or

                     (b) did not achieve reading proficiency within the school year, were recommended for retention and: 1) were retained in the same grade; or 2) were not retained in the same grade due to a parental waiver;

                (3) reading proficiency data for students who did not achieve reading proficiency and were promoted to the next higher grade due to a parental waiver; and

                (4) student assistance team promotion and retention decisions for students who previously were promoted to the next higher grade due to a parental waiver.                   B. The department shall report to the legislative education study committee on alternate months during the interim about the accountability reports received, programs adopted and implemented, data maintained and goals established pursuant to the Reading Proficiency Act."

     SECTION 7. 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 AND RETENTION POLICIES--RESTRICTIONS.--

          A. [Remediation programs, academic improvement programs and] Promotion and retention policies shall be aligned with [school-district-determined] valid and reliable 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 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.] B. At the end of grades one through seven, three options are available, [dependent] depending on a student's [academic] reading proficiency:

                (1) the student [is academically proficient] has achieved reading proficiency and shall enter the next higher grade;

                (2) the student [is not academically proficient] has not achieved reading proficiency and shall participate in [the required level of] remediation pursuant to the Reading Proficiency Act. Upon certification by the school district that the student [is academically proficient] has achieved reading proficiency, the student shall enter the next higher grade; or

                (3) the student [is not academically proficient] has not achieved reading proficiency after completion of the [prescribed] remediation [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] achieve reading proficiency, 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] intention that the student be promoted to the next higher grade with an academic improvement plan designed to address specific [academic deficiencies] needs. The academic improvement plan shall be developed by the student assistance team outlining time lines and monitoring activities to ensure academic progress [toward overcoming those academic deficiencies]. Students failing to [become academically proficient] achieve reading proficiency 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] reading proficiency.

          [G.] C. At the end of the eighth grade, a student who [is not academically proficient] has not achieved reading proficiency shall be retained in the eighth grade for no more than one school year to [become academically proficient] achieve reading proficiency, 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] achieve reading proficiency, 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] needs and prescribes a [specific] targeted remediation plan. [to address those academic deficiencies.

          H.] D. A student who does not [demonstrate academic] achieve reading 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.] E. 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.] F. 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 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) teachers;

                     (b) school counselor;

                     (c) school administrator; [and]

                     (d) parent; and

                     (e) if the student or parent wishes, a student advocate chosen by the student or parent."

     SECTION 8. APPROPRIATION.--Three million six hundred thousand dollars ($3,600,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2014 to fund professional development for teachers' adoption of effective reading instruction strategies. Any unexpended or unencumbered balance remaining at the end of fiscal year 2014 shall revert to the general fund.

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