0001| HOUSE BILL 160 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RICHARD T. KNOWLES | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC SCHOOLS; REMOVING THE PROVISION FOR PARENTAL | 0012| WAIVER OF STUDENT RETENTION. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 22-2-8.6 NMSA 1978 (being Laws 1986, | 0016| Chapter 33, Section 7, as amended) is amended to read: | 0017| "22-2-8.6. ESSENTIAL COMPETENCIES--REMEDIATION PROGRAMS-- | 0018| PROMOTION POLICIES~~[--EXCEPTION]~~.-- | 0019| A. The state board shall identify measurable | 0020| essential competencies and determine the criteria for mastery | 0021| of the essential competencies as established in the state | 0022| educational standards. | 0023| B. Local school boards shall develop remediation | 0024| programs to provide special instructional assistance to | 0025| students in grades one through eight who fail to master the | 0001| essential competencies as established by the state board. | 0002| Remediation programs may include but not be limited to tutoring | 0003| or summer programs. The cost of school district-approved | 0004| remediation programs shall be borne by the school district. | 0005| Remediation plans shall be filed with the state board. | 0006| C. The cost of summer and after-school remediation | 0007| programs offered in grades nine through twelve shall be borne | 0008| by the parent or guardian; however, where parents are | 0009| determined to be indigent according to guidelines established | 0010| by the state board, the local school board shall bear those | 0011| costs. | 0012| D. Diagnosis of weaknesses identified by the | 0013| reading assessment instrument administered pursuant to Section | 0014| 22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the | 0015| need for remedial programs or retention. | 0016| E. At the end of grades one through eight, there | 0017| are three options available, dependent on a student's mastery | 0018| of essential competencies: | 0019| (1) the student has mastered the essential | 0020| competencies and shall enter the next higher grade; | 0021| (2) the student has not mastered the essential | 0022| competencies and may participate in remediation. Upon | 0023| certification by the school district that the student has | 0024| successfully mastered his areas of deficiency, he shall enter | 0025| the next higher grade; or | 0001| (3) the student has not mastered the essential | 0002| competencies and upon the recommendation of the certified | 0003| school instructor and school principal shall be retained in the | 0004| same grade for no more than one school year in order to have an | 0005| additional opportunity to master the essential competencies, at | 0006| which time the student shall enter the next higher grade. | 0007| F. Any student who has participated in remediation | 0008| programs pursuant to Paragraph (2) of Subsection E of this | 0009| section and for whom retention is recommended shall be afforded | 0010| an opportunity for a parent-teacher conference for the purpose | 0011| of outlining the options available for the student and | 0012| explaining the grounds for the recommendation of retention. [A | 0013| ~~parent or guardian who refuses to allow his child to be~~ | 0014| ~~retained pursuant to Paragraph (3) of Subsection E of this~~ | 0015| ~~section shall sign a waiver indicating that the child's~~ | 0016| ~~promotion is against the specific advice and recommendation of~~ | 0017| ~~the certified school instructor and the school principal.]~~ | 0018| G. Any student who fails to master the essential | 0019| competencies for two successive school years shall be referred | 0020| to an alternative program designed by the school district. | 0021| Alternative program plans shall be filed with the state board." | 0022| Section 2. APPLICABILITY.--The provisions of this act | 0023| apply to the 1997-1998 and subsequent school years. | 0024| State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| February 10, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your EDUCATION COMMITTEE, to whom has been referred | 0012| | 0013| HOUSE BILL 160 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, amended as follows: | 0017| | 0018| 1. On page 2, line 1 after "board" insert "and to | 0019| provide early notification to the students' parents"., | 0020| | 0021| and thence referred to the APPROPRIATIONS AND FINANCE | 0022| COMMITTEE. | 0023| | 0024| Respectfully submitted, | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| Samuel F. Vigil, Chairman | 0006| | 0007| | 0008| Adopted Not Adopted | 0009| | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| Date | 0013| | 0014| The roll call vote was 9 For 2 Against | 0015| Yes: 9 | 0016| No: Trujillo, S.M. Williams | 0017| Excused: Nicely, Wright | 0018| Absent: None | 0019| | 0020| | 0021| | 0022| G:\BILLTEXT\BILLW_97\H0160 |