New Mexico Register / Volume XXIX,
Issue 14 / July 24, 2018
TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER
19 PUBLIC SCHOOL ACCOUNTABILITY –
ASSESSMENT AND ACCOUNTABILITY
PART 9 EARLY
LITERACY rEMEDIATION, INTERVENTIONS, AND
FAMILY ENGAGEMENT
6.19.9.1 ISSUING AGENCY: Public Education Department,
herein after the department.
[6.19.9.1
NMAC - N, 7/24/2018]
6.19.9.2 SCOPE: All public schools, state education
institutions, and educational programs conducted in state institutions, other
than the New Mexico military institute.
If any part of application of this rule is held invalid, the remainder
of the rule or its application in other situations shall not be affected.
[6.19.9.2
NMAC - N, 7/24/2018]
6.19.9.3 STATUTORY AUTHORITY: This regulation is adopted pursuant to Sections
22-2C-1 to 13, specifically Section 22-2C-6, Subsection E of Section 22-1-1.2,
Subsection D of Section 22-2-2, and Subsection B of Section 22-13-1 NMSA 1978.
[6.19.9.3
NMAC - N, 7/24/2018]
6.19.9.4 DURATION: Permanent.
[6.19.9.4
NMAC - N, 7/24/2018]
6.19.9.5 EFFECTIVE DATE: July 24, 2018, unless a later date is cited
at the end of a section.
[6.19.9.5
NMAC - N, 7/24/2018]
6.19.9.6 OBJECTIVE: This rule establishes the conditions for
improving literacy outcomes for students by outlining interventions, providing
mechanisms for notifying and engaging families and teachers, and notifying
parents or legal guardians of all available options to improve student progress
in literacy.
[6.19.9.6
NMAC - N, 7/24/2018]
6.19.9.7 DEFINITIONS:
A. “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.
B. “Benchmark
assessment for literacy” means a common, districtwide assessment for
student literacy that diagnoses and regularly measures the acquisition of
reading skills, including phonemic awareness, letter knowledge, alphabetic
decoding, vocabulary, spelling, comprehension and fluency to be given at the
beginning of the year, middle of the year, and end of the year.
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. “Individual student
report” means the report that indicates a student’s performance on the
required state assessment using scale scores, performance levels, and
performance indicators.
E. “Intervention” means the intensive,
targeted instruction of individual students or small groups of students, as determined
by student performance on the benchmark assessment for literacy, and included
as part of the academic improvement plan.
F. “Local education agency
or “LEA” means a school district or state-chartered charter school.
G. “Remediation”
means tutoring, extended school day or school week programs, summer programs, and
other evidence-based interventions and proven models for student improvement.
H. “Student assistance team” or “SAT”
means a group consisting of a student’s:
(1) teacher;
(2) school counselor;
(3) school administrator; and
(4) parent or legal guardian.
[6.19.9.7
NMAC - N, 7/24/2018]
6.19.9.8 GENERAL REQUIREMENTS FOR INTERVENTION,
NOTIFICATION, AND REPORTING:
A. For kindergarten
and grades one through three, the benchmark assessment for literacy shall be
administered at the beginning of year, middle of year, and end of year. Student progress shall be carefully monitored
throughout the academic year and shall be clearly communicated to parents or
legal guardians through parent notification letters. For English language learners, the assessment
shall be grade-level appropriate and in the student’s first language, if
appropriate, and approved by the department.
B. Academic
improvement plans shall be developed for students in need of early literacy
intervention, as determined by performance on the benchmark assessment for
literacy. School administrators shall
ensure that academic improvement plans align with department guidance and evidence-based
best practices. The department may
request to review academic improvement plans at any time.
C. The
determination of a student’s literacy strengths and weaknesses, as measured by the
benchmark assessment for literacy, shall serve as one of the criteria for
offering parents or legal guardians the option for their student to receive an
additional year of instruction in the same grade level. The benchmark assessment for literacy results
shall also direct the use of daily intervention, remediation, or alternative
programming.
D. For
kindergarten and grades one through three, LEAs shall track and report student
literacy data and information in accordance with department requirements. Student performance shall be measured by the benchmark
assessment for literacy, as defined in 6.19.9.7 NMAC. The department may issue additional guidance
or provide additional tools to facilitate the collection and reporting of
literacy data and information.
(1) LEAs
shall report the following data to the department by March 1 of each year:
(a) number of students not proficient in literacy, as determined
by the middle of year benchmark assessment for literacy;
(b) number of student assistance teams convened for students not
proficient in literacy; and
(c) number of parent notification letters sent regarding
individual students not proficient in literacy, as determined by the middle of
year benchmark assessment for literacy, pursuant to 6.19.9.9 NMAC.
(2) LEAs
shall report the following data to the department by June 1 of each year:
(a) number of students not proficient in literacy, as determined
by the end of year benchmark assessment for literacy; and
(b) number of retention waiver letters signed by parents or
legal guardians of students not proficient in literacy, as determined by the
end of year benchmark assessment for literacy.
(3) LEAs
shall report the following data to the department by August 1 of each year:
(a) number of students retained as a result of not being proficient
in literacy, as determined by the end of year benchmark assessment for literacy
pursuant to 6.19.9.9 NMAC;
(b) number of students not proficient in literacy, as determined
by the end of year benchmark assessment for literacy, promoted to the next
grade;
(c) number of students at performance level one in English
language arts, according to his or her grade three individual student report
for the state assessment;
(d) explanation of final determinations of student retention and
promotion for which student performance on the end of year benchmark assessment
for literacy was not the deciding factor;
(e) copy of the LEA’s retention waiver letter template;
(f) copies
of all parent notification letters sent to parents or legal guardians regarding
individual students not proficient in literacy, as determined by the middle of
year benchmark assessment for literacy, pursuant to 6.19.9.9 NMAC; and
(g) copies of all retention waiver letters signed by parents or
legal guardians for individual students not proficient in literacy, as
determined by the end of year benchmark assessment for literacy.
[6.19.9.8 NMAC - N, 7/24/2018]
6.19.9.9 PARENT
OR LEGAL GUARDIAN NOTIFICATION AND ENGAGEMENT:
A. If a student is not proficient in
literacy, as determined by the middle of year benchmark assessment for literacy,
the student’s teacher shall notify the student’s parent or legal guardian
formally, in writing, and hold a parent-teacher conference.
(1) Written
notification shall include:
(a) student performance on the benchmark assessment for literacy
and ongoing progress monitoring;
(b) specific interventions implemented to-date;
(c) strategies for parents or legal guardians to implement at
home; and
(d) parent or legal guardian options including:
(i) daily
intervention;
(ii) remediation; or
(iii) alternative programs.
(2) During
the parent-teacher conference, the teacher shall review:
(a) the student’s performance in comparison to grade-level
literacy standards;
(b) results that indicate the student is not proficient in
literacy as determined by benchmark assessments for literacy;
(c) goals for student growth that will lead to proficiency in
literacy by the end of the academic year; and
(d) whether or not the student is on track to be college and
career ready as measured by the middle of the year benchmark assessment for
literacy.
B. Following
the middle of the year notification and parent conference, the SAT shall develop
an academic improvement plan for any student not proficient in literacy, as
determined by the middle of year benchmark assessment for literacy. The academic improvement plan shall clearly
outline progress monitoring activities, associated timelines, and delegation of
responsibilities for those interventions to ensure student progress toward proficiency
in literacy by the end of the year.
C. If
a student has not achieved grade-level literacy proficiency by the end of year
benchmark assessment for literacy, the student’s teacher shall notify the
student’s parent or legal guardian formally, in writing.
(1) Written
notification shall include:
(a) student performance on the benchmark assessment for literacy;
(b) specific interventions implemented to-date;
(c) strategies for parents or legal guardians to implement at
home; and
(d) a retention option pursuant to Section 22-2C-6 NMSA 1978.
(2) Retention
shall ensure that a student receives an additional year of instruction in the
same grade with an amended academic improvement plan. If a student’s parent or legal guardian
decides not to retain the student, the parent or legal guardian shall sign a
retention waiver expressing their desire for the student to be promoted to the
next higher grade with an academic improvement plan designed to address
specific deficiencies, including those in early literacy. A retention waiver shall only prevent the
student’s retention for one school year. If the student fails to reach academic proficiency,
as determined by the benchmark assessment for literacy and other measures, the
school shall retain the student the following year.
D. Parents
and legal guardians shall be notified of their students’ results on required
state assessments and provided with their individual student reports no later
than 30 days following receipt by LEAs.
[6.19.9.9
NMAC - N, 7/24/2018]
6.19.9.10 EXEMPTIONS: Schools may only exempt students
from retention for good cause or pursuant to the completion of a retention
waiver letter provided by the LEA. A
student who is promoted with an exemption shall continue to receive
interventions prescribed in his or her academic improvement plan until proficiency
in literacy has been met as determined by a benchmark assessment for literacy.
A. Good
cause exemptions shall be limited to the following:
(1) students
with disabilities whose individualized education programs (IEPs) indicate that
participation in the benchmark assessment for literacy is not appropriate,
pursuant to Subsection I of Section 22-2C-6 NMSA 1978, or other applicable
state laws and regulations;
(2) students with disabilities who:
(a) participate in the benchmark assessment for literacy;
(b) have IEPs or section 504 plans that reflect that they have
received literacy intervention for more than two years;
(c) have not reach proficiency in literacy; and
(d) were previously retained in kindergarten or grades one, two,
or three.
(3) students who have been previously retained in their current
grade; or
(4) students identified as English language learners who have
had fewer than three years of instruction in schools in the United States.
B. Documentation
to support any request for exemption shall be collected and submitted by the student’s
teacher(s) or case manager to the school principal indicating why promotion is
appropriate. Documentation shall include:
(1) the reason for exemption pursuant to Subsection A of
6.19.9.10 NMAC; and
(2) an existing academic improvement plan or IEP.
C. The
school principal shall review and discuss the recommendation with the SAT and
determine whether or not the student qualifies for the requested exemption. If the school principal determines that,
based on the provided documentation, the student qualifies for the requested
exemption, the school principal shall make such a recommendation in writing to
the superintendent or charter school administrator. The superintendent or charter school
administrator shall accept or reject the school principal’s recommendation in
writing.
[6.19.9.10
NMAC - N, 7/24/2018]
6.19.9.11 ACCELERATION OPTIONS: Academically challenging curriculum
options that provide accelerated instruction shall be made available to public
school students in kindergarten and grades one through three who have not
already been identified as gifted.
A. At
a minimum, each school shall offer the following options:
(1) whole-grade
promotion; and
(2) subject-matter
acceleration.
B. Additional
options may include the following:
(1) enriched
science, technology, engineering, and mathematics;
(2) enrichment programs;
(3) flexible grouping;
(4) advanced academic courses;
(5) combined
classes;
(6) self-paced instruction;
(7) curriculum compacting;
(8) advanced-content
instruction; and
(9) online
instruction in personalized, higher grade level content.
[6.19.9.11
NMAC - N, 7/24/2018]
6.19.9.12 ELIGIBILITY AND PROCEDURAL
REQUIREMENTS FOR ACCELERATION:
A. LEAs shall
establish student eligibility requirements and procedural requirements for any
whole-grade promotion or subject-matter acceleration. Student eligibility requirements and
procedural requirements established by the LEA shall be included in the LEA’s
comprehensive student progression plan.
B. School principals shall establish a
process by which parents or legal guardians may request student participation
in acceleration options offered at their school.
(1) Each principal shall inform parents
or legal guardians and students of the options available at the school and the
associated eligibility requirements for each option.
(2) If the parent or legal guardian
selects one of these options, and the student meets the eligibility
requirements established by the LEA, the student shall be provided the
opportunity to participate in the acceleration option.
C. When
establishing student eligibility requirements for acceleration, principals and
LEAs shall consider, at a minimum:
(1) the
student’s performance on a locally determined assessment;
(2) the student’s performance as indicated on his or her
individual student report;
(3) the
student’s grade point average;
(4) the
student’s attendance record;
(5) the student’s conduct record;
(6) recommendations
from one or more of the student’s teachers in core-curricula courses;
(7) recommendations from a certified school counselor or social
worker, if one is assigned to the school in which the student is enrolled; and
(8) recommendations from the student’s parent or legal guardian.
[6.19.9.12
NMAC - N, 7/24/2018]
HISTORY OF 6.19.9
NMAC: [RESERVED]