SENATE BILL 326

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

John M. Sapien

AN ACT

RELATING TO PUBLIC SCHOOLS; ENACTING THE READING SUCCESS ACT; REQUIRING BASELINE ASSESSMENT DATA ON READING PROFICIENCY FOR STUDENTS; PROVIDING INTERVENTIONS AND DIFFERENTIATED REMEDIATION MEASURES FOR STUDENTS WHO DO NOT DEMONSTRATE READING PROFICIENCY; REQUIRING REPORTING TO THE LEGISLATURE; REQUIRING SCHOOL DISTRICTS TO MAINTAIN INTERVENTION FILES; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; 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.--This act may be cited as the "Reading Success Act"."

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

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

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

          B. "educational plan for student success" means a student-centered tool developed to define the role of the reading 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 in reading; 

          C. "English language learner" means a student whose first or heritage language is not English and who is unable to read, write, speak or understand English at a level comparable to grade level English-proficient peers and native English speakers;

          D. "intensive targeted instruction" means extra instruction either for individual students or small groups of students that shall be no less than twenty minutes per day and five days per week or the equivalent;

          E. "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;

          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 intervention and differentiated 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;

          G. "reading proficiency" means a score on a valid and reliable assessment that is school-district-determined and developmentally appropriate;

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

          I. "screening" means a school-district-determined and developmentally appropriate assessment that measures the acquisition of reading skills, including but not limited to phonological awareness, phonics, reading fluency, vocabulary and comprehension. For English language learners, the screening shall be a school-district-determined and developmentally appropriate English language assessment that is the same for all school districts and approved by the department;

          J. "student assistance team" means a collaborative 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

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

                (1) school-district-determined and developmentally appropriate;

                (2) appropriate to targeted populations; and

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

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

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

          A. Each public school shall establish the baseline assessment data on reading proficiency for students in kindergarten through grade three.

          B. Prescribed intervention and differentiated remediation programs shall be adopted and aligned with the screening results and shall be aligned with the state standards for each grade level and subject area pursuant to Section

22-13-1.6 NMSA 1978.

          C. School districts shall approve prescribed intervention and remediation programs and reading improvement plans to students in kindergarten through grade three who do not demonstrate reading proficiency.

          D. A screening shall be given at the beginning of each school year to students enrolled in kindergarten through grade three. For English language learners, the screening shall be given in the student's first and second languages.

          E. If screening results indicate that the student is not demonstrating reading proficiency, the student's parent shall be given notice that the student shall be provided with intensive targeted instruction.

          F. If screening results indicate that a student is not demonstrating reading proficiency, the student assistance team shall develop, by the eightieth day of the school year, a reading improvement plan that contains an initial identification of areas of need and recommendations for differentiated remediation. The reading improvement plan shall delineate the areas in which the student needs prescribed intervention and differentiated remediation programs, contain specific strategies for a parent to use in helping the student achieve reading proficiency and be provided to the parent."

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

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

          A. Each school district shall establish baseline assessment data from screening results from the prior school year to determine reading proficiency for students in grades four through eight. The baseline assessment data shall include levels of performance in reading based on the screening to determine when a student must be provided with intervention and differentiated remediation programs.

          B. Prescribed intervention shall be adopted by each school district and aligned with the screening results and with the state standards for each grade level and subject area pursuant to Section 22-13-1.6 NMSA 1978.

          C. Each school district shall approve prescribed intervention and differentiated remediation programs and reading improvement plans that have demonstrated effectiveness in providing special instructional assistance to students in grades four through eight who do not demonstrate reading proficiency.

          D. If a student is not demonstrating reading proficiency, the student assistance team shall develop, by the eightieth day of the school year, a written reading improvement plan for the student that shall be provided to the student's parent that clearly delineates the areas in which the student needs prescribed intervention and differentiated remediation programs and contains specific strategies for the parent to use in helping the student achieve reading proficiency.

          E. 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 student's parent and a description of the implemented intervention and differentiated remediation programs and a reading improvement plan. The student intervention file shall be maintained as part of the student's permanent record."

     SECTION 5. 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 methodologies and strategies in the areas of reading, English language development or English as a second language. 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 differentiated remediation programs 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 develop a report to be presented to the legislative education study committee during the legislative interim to include the data derived from the accountability reports received from each school district."

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

     "[NEW MATERIAL] PROMOTION AND RETENTION POLICIES--RESTRICTIONS.--

          A. Promotion and retention policies shall be aligned with valid and reliable assessment results.

          B. At the end of grades kindergarten through eight, three options are available depending on a student‛s reading proficiency:

                (1) the student has achieved reading proficiency as determined by the school district and shall enter the next higher grade;

                (2) the student has not achieved reading proficiency and shall participate in a differentiated remediation program pursuant to the Reading Success Act. Upon certification by the school district that the student has achieved reading proficiency, the student shall enter the next higher grade; or

                (3) the student by grades one through eight has not achieved reading proficiency after completion of the differentiated remediation program and upon the recommendation of the teacher and school principal shall either be:

                     (a) subject to retention, with written parent approval for only one school year while the student is enrolled in grades one through eight with a reading improvement plan developed by the student assistance team in order to 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 student to be retained and the parent signs a written waiver indicating the parent's intention that the student be promoted to the next higher grade with a differentiated remediation program and reading improvement plan. Students failing to achieve reading proficiency at the end of that year may be retained in any grade for only one school year while the student is enrolled in grades one through eight.

          C. For a student who has not achieved reading proficiency at the end of grade eight, the student assistance 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.

          D. A student who does not 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.

          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.

          F. A student shall be exempt from the provisions of Subsections B through D 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) is an English language learner who demonstrates annual growth on a school-district-approved English language assessment; provided that, after four successive school years of taking, or upon mastering, the English language assessment, the student no longer shall be considered an English language learner, the student's reading proficiency shall be determined using the assessment administered to students who are not English language learners;

                (3) is a student with a disability who shall be assessed, promoted or retained in accordance with the provisions of the student‛s individualized educational plan; or

                (4) is a student who has already been retained for one school year."

     SECTION 7. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the state equalization guarantee for distribution in fiscal year 2015 to implement the Reading Success Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.

     SECTION 8. REPEAL.--Section 22-2C-6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is repealed.

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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