0001| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 1291 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO EDUCATION; ENACTING THE ACADEMIC STANDARDS AND | 0013| RESPONSIBILITIES ACT; AMENDING SECTION 22-2-8.6 NMSA 1978 | 0014| (BEING LAWS 1986, CHAPTER 33, SECTION 7, AS AMENDED). | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0018| through 7 of this act may be cited as the "Academic Standards | 0019| and Responsibilities Act". | 0020| Section 2. [NEW MATERIAL] PURPOSE OF ACT.--The purpose | 0021| of the Academic Standards and Responsibilities Act is to | 0022| establish procedures for implementation of content standards | 0023| with benchmarks and performance standards for student success. | 0024| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0025| Academic Standards and Responsibilities Act: | 0001| A. "benchmarks" means statements of what students | 0002| should know and be able to do in a content area by the end of a | 0003| designated grade or level; | 0004| B. "content standards" means a broad description of | 0005| knowledge and skills students should acquire in a particular | 0006| subject area; | 0007| C. "performance standards" means concrete examples | 0008| and explicit definitions of what students need to know and ways | 0009| to demonstrate that the students are proficient in the content | 0010| standards; and | 0011| D. "academic distress" means conditions under which | 0012| a school district or school does not meet its targeted | 0013| performance standards. | 0014| Section 4. [NEW MATERIAL] EDUCATIONAL STANDARDS.-- | 0015| A. The state department of public education shall | 0016| develop and implement a results-based accountability system for | 0017| implementation that includes: | 0018| (1) assessment of content standards with | 0019| benchmarks and performance standards; and | 0020| (2) a one-year improvement plan for school | 0021| districts or schools in academic distress. | 0022| B. Content standards with benchmarks and | 0023| performance standards established by the state board of | 0024| education pursuant to Section 22-2-8 NMSA 1978 shall be | 0025| evaluated by independent tests and measurement experts for the | 0001| state board of education whenever content standards with | 0002| benchmarks and performance standards or assessment instruments | 0003| are changed. The evaluation shall be used to determine whether | 0004| or not the assessment instruments used to measure student progress | 0005| are aligned with the content standards with benchmarks and | 0006| performance standards. The results of this evaluation shall be | 0007| reported to the legislature and shall be released to the media for | 0008| publication. | 0009| Section 5. [NEW MATERIAL] INTERVENTION--STANDARDS.-- | 0010| A. The state department of public education shall | 0011| create a framework specifying intervention options and sanctions | 0012| for school districts or schools in academic distress. | 0013| B. Upon failure of intervention options specified by | 0014| the framework, the state department of public education shall | 0015| appoint a local oversight committee composed of teachers, | 0016| administrators and community representatives. The oversight | 0017| committee shall be facilitated by a representative of the state | 0018| department of public education. | 0019| C. The local oversight committee shall be responsible | 0020| for developing an improvement plan that will bring the school | 0021| district in academic distress into compliance with expected goals. | 0022| D. If the superintendent of public instruction | 0023| determines that the intervention options, including the local | 0024| oversight committee, have failed to resolve the academic distress, | 0025| then the superintendent shall take direct control of the school | 0001| district or school pursuant to Section 22-2-14 NMSA 1978. | 0002| Section 6. [NEW MATERIAL] PUBLIC SCHOOL AND SCHOOL | 0003| DISTRICT RESPONSIBILITIES.-- | 0004| A. Local school boards shall adopt curricula that are | 0005| aligned with the state board of education's content standards with | 0006| benchmarks and performance standards and shall: | 0007| (1) provide community representatives, employee | 0008| classroom practitioners and other education personnel the | 0009| opportunity for direct involvement in the identification and | 0010| evaluation of local results-based assessments; | 0011| (2) submit its assessments to an outside | 0012| evaluation in conjunction with the state board of education's | 0013| accreditation system and planning process to determine the | 0014| validity and reliability of the assessment process; and | 0015| (3) publish an evaluator's report in at least | 0016| one local newspaper or in a manner approved by the state | 0017| department of public education. | 0018| B. Upon identifying a school in academic distress the | 0019| local school board shall place the school on an improvement plan. | 0020| The plan shall be developed with involvement of community | 0021| representatives, employee classroom practitioners and other | 0022| education personnel. The school's deficiencies and improvement | 0023| plan shall be made publicly available and shall be disseminated to | 0024| the parents of children who attend the school in academic | 0025| distress. | 0001| Section 7. Section 22-2-8.6 NMSA 1978 (being Laws 1986, | 0002| Chapter 33, Section 7, as amended) is amended to read: | 0003| "22-2-8.6. [ESSENTIAL COMPETENCIES] CONTENT STANDARDS WITH | 0004| BENCHMARKS AND PERFORMANCE STANDARDS--REMEDIATION PROGRAMS-- | 0005| PROMOTION POLICIES--EXCEPTION.-- | 0006| A. The state board shall identify measurable | 0007| [essential competencies] content standards with benchmarks and | 0008| performance standards and determine the criteria for mastery [of | 0009| the essential competencies as established in the state educational | 0010| standards]. | 0011| B. Local school boards shall develop remediation | 0012| programs to provide special instructional assistance to students | 0013| in grades one through eight who fail to master the [essential | 0014| competencies] content standards with benchmarks and performance | 0015| standards as established by the state board and to provide early | 0016| notification to the students' parents. Remediation programs may | 0017| include but not be limited to tutoring or summer programs. The | 0018| cost of school district-approved remediation programs shall be | 0019| borne by the school district. Remediation plans shall be filed | 0020| with the state board. | 0021| C. The cost of summer and after-school remediation | 0022| programs offered in grades nine through twelve shall be borne by | 0023| the parent or guardian; however, where parents are determined to | 0024| be indigent according to guidelines established by the state | 0025| board, the local school board shall bear those costs. | 0001| D. Diagnosis of weaknesses identified by the reading | 0002| assessment instrument administered pursuant to Section | 0003| 22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the | 0004| need for remedial programs or retention. | 0005| E. At the end of grades one through eight, there are | 0006| three options available, dependent on a student's mastery of | 0007| [essential competencies] content standards with benchmarks and | 0008| performance standards as measured by the teacher: | 0009| (1) the student has mastered the [essential | 0010| competencies] content standards with benchmarks and performance | 0011| standards as measured by the teacher and shall enter the next | 0012| higher grade; | 0013| (2) the student has not mastered the [essential | 0014| competencies] content standards with benchmarks and performance | 0015| standards as measured by the teacher and may participate in | 0016| remediation. Upon certification by the school district that the | 0017| student has successfully mastered his areas of deficiency, he | 0018| shall enter the next higher grade; or | 0019| (3) the student has not mastered the [essential | 0020| competencies] content standards with benchmarks and performance | 0021| standards as measured by the teacher and upon the recommendation | 0022| of the certified school instructor and school principal shall be | 0023| retained in the same grade for no more than one school year in | 0024| order to have an additional opportunity to master the essential | 0025| competencies, at which time the student shall enter the next | 0001| higher grade. | 0002| F. Any student who has participated in remediation | 0003| programs pursuant to Paragraph (2) of Subsection E of this section | 0004| and for whom retention is recommended shall be afforded an | 0005| opportunity for a parent-teacher conference for the purpose of | 0006| outlining the options available for the student and explaining the | 0007| grounds for the recommendation of retention. [A parent or | 0008| guardian who refuses to allow his child to be retained pursuant to | 0009| Paragraph (3) of Subsection E of this section shall sign a waiver | 0010| indicating that the child's promotion is against the specific | 0011| advice and recommendation of the certified school instructor and | 0012| the school principal.] | 0013| G. Any student who fails to master the [essential | 0014| competencies] content standards with benchmarks and performance | 0015| standards for two successive school years shall be referred to an | 0016| alternative program designed by the school district. Alternative | 0017| program plans shall be filed with the state board." | 0018|  |