44th legislature - STATE OF NEW MEXICO - first special session, 1999
RELATING TO EDUCATION; AMENDING A SECTION OF THE PUBLIC SCHOOL CODE PERTAINING TO ESSENTIAL COMPETENCIES AND REMEDIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-2-8.6 NMSA 1978 (being Laws 1986, Chapter 33, Section 7, as amended) is amended to read:
"22-2-8.6. [ESSENTIAL COMPETENCIES] EDUCATIONAL
STANDARDS--REMEDIATION PROGRAMS--ACADEMIC IMPROVEMENT
PROGRAMS--PROMOTION POLICIES--EXCEPTION.--
A. The state board shall identify [measurable
essential competencies and determine the criteria for mastery
of the essential competencies as established in the state
educational] standards as measured by the state assessment
program and establish performance levels for proficiency.
Remediation programs, academic improvement programs and
promotion policies shall be based on the following:
(1) statewide assessment results;
(2) alternative, school-district-determined assessment results; and
(3) student performance in school.
B. Local school boards shall [develop] approve
district-developed remediation programs and academic
improvement programs to provide special instructional
assistance to students in grades one through eight who fail to
[master the essential competencies as established by the state
board] attain proficiency of standards. A parent or guardian
shall be notified that his child is failing to attain
appropriate grade level educational standards no later than
the end of the second grading period, and the parent or
guardian and the teacher shall discuss in a conference
possible remediation programs available to improve the
student's attainment of educational standards. Remediation
programs may include [but not be limited to tutoring or summer
programs] parent notification and early parental involvement.
Specific academic deficiencies and remediation strategies must
be agreed upon by the student's parent or guardian and a
written plan developed containing timelines, academic
expectations and the measurements used to verify that a
student has met the academic deficiencies. Remediation
programs and academic improvement programs must include
tutoring, extended day programs, summer programs or other
research-based models. The cost of [school district-approved]
remediation programs and academic improvement programs shall
be borne by the school district. [Remediation plans shall be
filed with the state board.] Remediation programs and academic
improvement programs shall be incorporated into the school
district's educational plan for student success and filed with
the department of education.
C. The cost of summer and [after-school] extended
day remediation programs and academic improvement programs
offered in grades nine through twelve shall be borne by the
parent or guardian; however, where parents are determined to
be indigent according to guidelines established by the state
board, the local school board shall bear those costs.
[D. Diagnosis of weaknesses identified by the
reading assessment instrument administered pursuant to Section
22-2-8.5 NMSA 1978 shall serve as a criterion in assessing the
need for remedial programs or retention.
E.] D. At the end of grades one through [eight]
seven, there are three options available, dependent on a
student's [mastery] attainment of [essential competencies] the
following standards:
(1) the student has [mastered the essential
competencies] attained proficiency of standards and shall
enter the next higher grade;
(2) the student has not [mastered the
essential competencies and may] attained proficiency of
standards and shall participate in remediation. Upon
certification by the school district that the student has
successfully mastered his areas of deficiency, he shall enter
the next higher grade; or
(3) the student has not [mastered the
essential competencies] attained proficiency of standards upon
completion of a prescribed remediation program and upon the
recommendation of the certified school instructor, school's
student assistance team, parent and school principal shall
either be [retained in the same grade for no more than one
school year in order to have an additional opportunity to
master the essential competencies, at which time the student
shall enter the next higher grade.
F. Any student who has participated in remediation
programs pursuant to Paragraph (2) of Subsection E of this
section and for whom retention is recommended shall be
afforded an opportunity for a parent-teacher conference for
the purpose of outlining the options available for the student
and explaining the grounds for the recommendation of
retention. A parent or guardian who refuses to allow his
child to be retained pursuant to Paragraph (3) of Subsection E
of this section shall sign a waiver indicating that the
child's promotion is against the specific advice and
recommendation of the certified school instructor and the
school principal.]:
(a) retained in the same grade for no more than one school year with an academic improvement plan developed by the school's student assistance team and the student's parent or guardian in order to attain proficiency of standards, at which time the student shall enter the next higher grade; or
(b) a parent or guardian who refuses to allow his child to be retained pursuant to Subparagraph (a) of Paragraph (3) of this subsection shall sign a waiver indicating his desire that the student be promoted to the next higher grade with a written academic improvement plan designed to address specific academic deficiencies. The academic improvement plan shall be developed by the school's student assistance team and the student's parent or guardian outlining timelines and monitoring activities to ensure progress toward the attainment of those academic deficiencies. Students failing to achieve mastery of educational standards at the end of the year shall be retained in the same grade for no more than one year in order to have additional time to master the required standards.
E. At the end of the eighth grade, any student who fails to attain educational standards as determined and measured in Subsection A of this section shall be retained in the eighth grade for no more than one school year in order to attain proficiency of standards. A specific academic improvement plan must be developed by the school's student assistance team and the student's parent or guardian that clearly delineates the student's academic deficiencies and prescribes a specific remediation plan to address those academic deficiencies.
[G.] F. Any student who fails to [master the
essential competencies] attain proficiency of standards for
two successive school years shall be referred to the school's
student assistance team, which shall include parental
involvement for placement in an alternative program designed
by the school district. Alternative program plans shall be
filed with the [state board] department of education.
G. For the purposes of this section:
(1) "academic improvement plan" means a written document developed by the student assistance team that describes the specific academic standards that a student has not achieved to be at a certain grade level and that prescribes specific remediation programs that include summer school, extended day school and tutoring;
(2) "alternative district-determined assessment" means student assessments determined by a local school board to be conducted at any elementary grade level or middle school level;
(3) "educational plan for student success" means a tool developed to define the role of the academic improvement plan within the district that addresses methods to improve a student's learning and success in school that is student centered and identifies specific measures of a student's progress;
(4) "statewide assessment results" means the results obtained from the New Mexico achievement assessment that is administered annually to grades four, six and eight pursuant to state board rule; and
(5) "student assistance team" includes a student's:
(a) teacher;
(b) school counselor;
(c) school administrator;
(d) parent or legal guardian; and
(e) in the case of a student enrolled in special education, his special education teacher and appropriate specialists."