HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
HOUSE BILL 93
51st legislature - STATE OF NEW MEXICO - second session, 2014
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING THE ACADEMIC SUCCESS THROUGH REMEDIATION ACT; PROVIDING THAT A STUDENT WHO IS NOT PROFICIENT IN READING AT THE END OF KINDERGARTEN OR FIRST OR SECOND GRADE MAY BE PROVIDED WITH INTENSIVE REMEDIATION; PROVIDING THAT A STUDENT WHO IS NOT PROFICIENT IN READING AT THE END OF THIRD GRADE, WITH CERTAIN EXCEPTIONS, MAY BE RETAINED AND PROVIDED WITH INTENSIVE REMEDIATION; PROVIDING THAT A STUDENT WHO IS NOT ACADEMICALLY PROFICIENT AT THE END OF GRADES FOUR THROUGH EIGHT SHALL NOT BE RETAINED BUT SHALL BE PROVIDED WITH INTENSIVE REMEDIATION; PROVIDING FOR ASSESSMENT, INTERVENTION AND REMEDIATION PROGRAMS TO ADDRESS DEFICIENCIES IDENTIFIED BETWEEN KINDERGARTEN AND THE EIGHTH GRADE; MAKING EXCEPTIONS; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
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.--This act may be cited as the "Academic Success Through Remediation Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PURPOSE OF ACT.--The purpose of the Academic Success Through Remediation Act is to ensure that students who experience difficulties learning to read are provided multiple opportunities for early intervention and remediation from kindergarten through third grade and beyond."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Academic Success Through Remediation Act:
A. "academic proficiency" means a student's academic performance on grade level as measured by grades, standardized assessment results, emotional and social development and other measures identified by the school district;
B. "deficient in reading" means a score range on the screening assessment determined by the department;
C. "educational plan for student success" means a student-centered tool developed to define the role of an academic plan within the public school and school district that includes a specific focus on early literacy and reading intervention in elementary schools that addresses methods to improve student learning and success in school and that identifies specific measures of a student's progress in academics;
D. "intensive targeted instruction" means extra instruction either in small groups or for individuals;
E. "intervention" means targeted instructional practice for individual students or small groups of students aligned with the results of a valid and reliable assessment and, if applicable, response to intervention as defined in Section 22-13-6 NMSA 1978 and department rule;
F. "reading 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 specific remediation programs, which may include, if appropriate, retention in grades kindergarten, one and two, 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;
G. "remediation programs" includes summer school, extended day or week programs, tutoring, progress-based monitoring and other research-based models for student improvement;
H. "school district" includes both a public school district and a locally chartered or state-chartered charter school;
I. "screening assessment" means the assessment that measures the acquisition of reading skills, including but not limited to phonological awareness, phonics, reading fluency, vocabulary and comprehension, and that is approved by the department;
J. "student assistance team" means a collaborative group consisting of a student's:
(1) teacher;
(2) school counselor;
(3) school administrator;
(4) parent; and
(5) if the student or parent wishes, a student advocate chosen by the parent; and
K. "valid and reliable assessments" means assessments that:
(1) are appropriate to targeted populations;
(2) provide predictive values; and
(3) are 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] GRADE PROMOTIONS--INTERVENTION-- REMEDIATION PROGRAMS--RETENTION POLICIES--RESTRICTIONS.--
A. Using data from the 2014-2015 school year, each public school shall establish baseline assessment data on reading proficiency for students in kindergarten and grades one through three. The baseline assessment data shall include levels of performance in reading based on the screening assessment to determine when a student must be provided with an intervention and remediation program.
B. Effective with the beginning of the 2015-2016 school year, school boards shall approve the program, and the department shall bear the cost of intervention and remediation programs and reading improvement plans that have demonstrated effectiveness to provide special instructional assistance to students in kindergarten through third grade who are deficient in reading. Beginning in kindergarten and through third grade, intervention and remediation programs, reading improvement plans and promotion policies shall be adopted and aligned with the screening assessment results and be aligned with common core state standards. The screening assessment shall be given, including, if appropriate, assessments in the student's first and second languages for English language learners and, if students are deficient in reading, reading improvement plans shall be implemented for students in kindergarten through third grade as follows:
(1) no later than the end of the first nine weeks of the school year, school districts shall administer the screening assessment to students enrolled in kindergarten through third grade. The assessment shall screen students for reading skills as defined in this section; and
(2) if the screening assessment results for students in grades kindergarten through grade three indicate that a student is deficient in reading, the student assistance team shall develop a reading improvement plan in the appropriate home language for the student that clearly delineates the student's reading deficiencies and that clearly delineates intervention and remediation programs that shall be included in the plan, including the specific strategies for a parent to use in helping the student achieve reading proficiency. If a parent refuses to allow the student to participate in any prescribed intervention, the school district shall provide an appropriate form to be signed by the parent that clearly indicates the parent's refusal to allow the student to participate in the prescribed intervention.
C. Beginning with the 2014-2015 school year, the parent of a student who is in kindergarten or first, second or third grade and who is deficient in reading at the end of the first grading period shall be given notice that the student shall be provided with intensive targeted instruction.
D. Beginning with the 2014-2015 school year, a student who is deficient in reading at the end of kindergarten or first or second grade may be retained pursuant to an established reading improvement plan.
E. Beginning with the 2015-2016 school year, at the end of grade three, grade promotion and retention decisions for each student shall be based upon the determination that the student is:
(1) academically proficient and shall enter the next highest grade;
(2) deficient in reading and shall participate in the required level of remediation before the beginning of the student's next school year. Upon certification by the school district that the student is not deficient in reading, the student shall enter the next highest grade; or
(3) deficient in reading after completion of the prescribed intervention and remediation program and, upon the recommendation of the student assistance team, may be retained in the same grade so that the student may become academically proficient.
F. In order to determine whether a student should be retained, the student assistance team shall, at minimum, consider:
(1) if the student is deficient in reading;
(2) the student's participation in all required intervention and remediation as prescribed by the school district in the reading improvement plan;
(3) the student's parental engagement in the reading improvement plan throughout the academic year;
(4) whether the student was habitually truant during the academic year;
(5) the student's social and emotional developmental levels; and
(6) the parent's agreement to sign a contract that outlines a reading intervention program for the next grade.
If the student is not retained, the student assistance team shall develop a reading improvement plan for immediate implementation at the beginning of the student's next school year.
G. No student shall be retained for a total of more than one school year in grade three as a result of being deficient in reading.
H. In grades four through eight, intervention and remediation programs, reading improvement plans and promotion policies shall be aligned with school-district-approved, valid and reliable assessment results and be aligned with state standards.
I. A parent shall be notified in writing no later than the end of the second grading period of each school year in grades four through eight that the parent's student is not academically proficient, and a conference with the student assessment team shall be held to discuss strategies, including intervention and remediation programs available to assist the student in becoming academically proficient. The student's specific academic deficiencies and the available strategies, intervention and remediation programs shall be presented orally and in writing in the appropriate home language to the student's parent if the student is deficient in reading, and a reading improvement plan in the appropriate home language shall be developed that contains time lines, academic expectations and the measurements to be used to verify that a student has overcome academic deficiencies. The parent shall be provided with specific strategies to use in helping the student achieve academic proficiency. The intervention and remediation programs and reading improvement plan shall be implemented immediately.
J. At the end of grades four through eight, grade promotion decisions for each student shall be based upon the determination that the student is:
(1) academically proficient and shall enter the next grade; or
(2) not academically proficient and shall participate in the required level of remediation. An academic proficiency plan shall be developed by the student assistance team outlining time lines and monitoring activities to ensure progress toward overcoming the student's academic deficiencies. Students who have been evaluated to determine the nature of their academic deficiencies and who have received an intervention and remediation program that is different from the previous year's program but fail to become academically proficient at the end of that year shall be provided with an alternate program that shall be implemented immediately. The school district shall include percentages of academically proficient students listed by school and charter school in its annual accountability report required in Section 22-2C-11 NMSA 1978.
K. To assess each student's growth in reading and other academic subjects, in kindergarten through second grade, school districts shall use the screening assessment, and in grades three through eight, school districts shall use the screening assessment and the statewide standards-based assessment.
L. The cost of summer school and extended day intervention and remediation programs offered in grades nine through twelve shall be borne by the parent; however, in cases in which parents are determined to be indigent according to guidelines established by the department, the school district shall bear those costs.
M. A student in grades one through eight who does not demonstrate 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.
N. Promotion and retention decisions affecting a student enrolled in special education shall be made in accordance with the provisions of the individualized education program established for that student.
O. A student shall be exempt from the provisions of Subsection E of this section if the student:
(1) scores at least at the fiftieth percentile on a department-approved, norm-referenced assessment or at the proficient level on an alternative school-district-approved, criterion-referenced assessment;
(2) demonstrates mastery on a teacher-developed portfolio that is equal to at least a proficient performance on the statewide standards-based assessments;
(3) shows sufficient academic growth by meeting acceptable levels of academic performance specified by the department;
(4) is an English language learner who is proficient in a language other than English on a valid and reliable reading assessment or who has had less than two years of instruction in English for speakers of other languages;
(5) is a student with a disability who shall be assessed, promoted or retained in accordance with the provisions of the student's individualized education program; or
(6) is a student who has already been retained once in kindergarten or first or second grade."
SECTION 5. REPEAL.--Section 22-2C-6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is repealed.
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