SENATE BILL 403

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gay G. Kernan and Stuart Ingle

AN ACT

RELATING TO PUBLIC EDUCATION; AMENDING THE PUBLIC SCHOOL CODE TO PROMOTE STUDENT LITERACY BY PROVIDING FOR INTERVENTIONS, REMEDIATION AND TRANSITION PROGRAMS TO ADDRESS READING AND ACADEMIC DEFICIENCIES.

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

     SECTION 1. 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 POLICIES--RESTRICTIONS.--

          A. Remediation programs, academic improvement programs and promotion policies shall be aligned with [school-district-determined assessment results and] requirements of the state assessment and accountability program. The department shall establish a common standard screening assessment for student literacy to meet requirements of the state assessment and accountability program. A school district shall receive department approval to use an alternative assessment and reading standard for measuring student literacy, under the condition that it include phonetic awareness, letter knowledge, alphabetic decoding, vocabulary, spelling, comprehension and fluency. The school district shall assume all costs incurred in the development of its department-approved, standards-based assessment and shall administer the alternative assessment on three occasions throughout the school year at the following times:

                (1) the first administration no later than the end of the first nine weeks;

                (2) the second administration during the month before the end of the first semester; and

                (3) the third administration during the last nine weeks of the school year.

          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] kindergarten through [eight] fourth grade 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 ninth through twelfth 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.] D. In addition to ongoing parent-teacher communication, a parent shall be notified formally, in writing, no later than the [end] last day of the [second grading period] month of January that the parent's child is not academically proficient in reading, 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 in reading. 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. The written plan shall also include strategies for parents to use at home to help their child succeed in reading.

          [F.] E. At the end of [grades one] kindergarten through [seven, three options] fourth grade, the following are available, dependent on a student's academic proficiency in reading:

                (1) the student is academically proficient, as determined by the statewide standards-based assessment or alternative assessment, and shall enter the next [higher] grade;

                (2) the student is not academically proficient in reading, as determined by the statewide standards-based assessment or alternative assessment. In addition to ongoing parent-teacher communication, the parent shall be notified in writing of the parent's child's reading level and the student shall continue to participate in the required level of remediation [Upon certification by the school district that the student is academically proficient, the student shall enter the next higher grade]; or

                (3) the student is [not academically proficient] at the lowest level of academic proficiency in reading, as determined by the statewide standards-based assessment or alternative assessment. In addition to ongoing parent-teacher communication, the parent shall be notified in writing at least two weeks before the end of the school year and shall respond with the parent's desired path forward for the student, and after completion of the prescribed remediation program, [and upon the recommendation of the teacher and school principal] the student shall [either] be:

                     (a) [retained] provided an additional year of instruction 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, 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 that the student be promoted to the next [higher] grade with an academic improvement plan designed to address specific academic deficiencies. The academic improvement plan shall be developed by the student assistance team outlining time lines and monitoring activities to ensure progress toward overcoming those academic deficiencies. [Students failing to become academically proficient 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 proficiency.     

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

          F. Students in fourth through eighth grades shall continue to participate in the required level of remediation.

          G. A school district may establish transition programs for students who need intensive reading remediation, which programs are also an option for any parent who decides the parent's child needs an additional year of instruction before enrolling in second grade, such as a "high first" program. Transition programs offered to students shall be approved by the department.

          H. Students in kindergarten and first grade who are at the lowest level of academic proficiency in reading as determined by the end-of-year statewide, standards-based assessment or alternative assessment shall receive an extra year of first grade instruction, either through repeating the first grade or by participating in a school-district-established transition program; provided that after having been notified of the child's need to have an extra year of first grade instruction, a parent may request a meeting with the student assistance team, which shall meet in person with the parent to discuss the implications for a student to enter second grade with a serious reading level deficiency. The student assistance team members shall determine whether the student, despite having a serious reading deficiency, is able to make reading progress at an accelerated rate at the next grade level. If the student assistance team members unanimously recommend to promote a student who has been at the lowest level of proficiency in both kindergarten and first grade, the team shall submit to the local superintendent an official recommendation to promote the student.  The local superintendent shall approve or deny the recommendation for promotion and notify the parent in writing within two weeks of the student assistance team's recommendation.

          [H.] I. A student who does not demonstrate academic proficiency for two successive school years [shall] may 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.

          J. A school district shall provide multiple notifications and opportunities for parents to make determinations about their student's promotion or retention status. If a school district receives no response by July 1 of the year of notification, the school district shall make and properly document a determination based on a unanimous vote by the remaining student assistance team members.

          K. Upon certification by the school district that the student is academically proficient in reading, the student shall enter the next grade.

          [I.] L. 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.] M. 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) "school district" includes state-chartered charter schools;

                [(4)] (5) "student assistance team" means a group consisting of a [student's]:

                     (a) student's teacher;

                     (b) student's school counselor;

                     (c) student's school administrator; [and]

                     (d) teacher who is responsible for reading instruction and assigned to teach in the student's next grade level;

(e) certified reading specialist, if

one is available;

                     [(d)] (f) student's parent; and

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

                (6) "in writing" shall include communication through electronic media.

          N. A school district in its annual accountability report required by Section 22-2C-11 NMSA 1978 and in other reports required by the department shall include:

                (1) the school district's percentage of academically proficient students, including reading levels, listed by school;

                (2) the number of students scoring in the lowest proficiency categories on either the statewide standards-based assessment or department-approved alternative assessment;

                (3) the number of students whose parents received and returned signed written notification of the student's nonproficient status and who were retained; and

                (4) the number of students who did not achieve academic proficiency and were promoted because the student's parents did not sign written notification allowing the student to be retained. 

          O. The department shall include the data provided by schools and school districts in annual school and school district accountability reports.

          P. Nothing in this section shall be construed to allow a school district to circumvent the requirements of the Assessment and Accountability Act."

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