New Mexico Register / Volume
XXIX, Issue 6 / March 27, 2018
TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 32 EDUCATIONAL STANDARDS - BILINGUAL MULTICULTURAL
EDUCATION
PART 2 GUIDELINES FOR IMPLEMENTING
BILINGUAL MULTICULTURAL EDUCATION
PROGRAMS
6.32.2.1 ISSUING
AGENCY: Public Education Department herein after the
department
[6.32.2.1 NMAC -
Rp, 6.32.2.1 NMAC, 7/1/2018]
6.32.2.2 SCOPE: This regulation applies to public schools receiving bilingual state
funding, K-12.
[6.32.2.2 NMAC -
Rp, 6.32.2.2 NMAC, 7/1/2018]
6.32.2.3 STATUTORY
AUTHORITY: This regulation is adopted pursuant to
Sections 22-2-1, 22-23-1 through 22-23-6 NMSA 1978.
[6.32.2.3 NMAC -
Rp, 6.32.2.3 NMAC, 7/1/2018]
6.32.2.4 DURATION:
Permanent; in the event that any provision of this regulation is deemed
to be legally void, the remainder of the provisions of the regulation shall
remain in full force and effect until otherwise repealed or expired.
[6.32.2.4 NMAC -
Rp, 6.32.2.4 NMAC, 7/1/2018]
6.32.2.5 EFFECTIVE
DATE: July 1, 2018, unless a later date is cited at
the end of a section.
[6.32.2.5 NMAC -
Rp, 6.32.2.5 NMAC, 7/1/2018]
6.32.2.6 OBJECTIVE: This
regulation provides requirements for developing and implementing bilingual multicultural
education and language revitalization programs in accordance with Section
22-23-4 NMSA 1978 and standards for excellence, Subsection B of 6.30.2.11 NMAC and
supports the state of New Mexico’s long-standing policy in furthering bilingual
multicultural education.
[6.32.2.6 NMAC -
Rp, 6.32.2.6 NMAC, 7/1/2018]
6.32.2.7 DEFINITIONS: As
used in the Bilingual Multicultural Education Act, Section 22-23-1 NMSA 1978:
A. "bilingual multicultural education
program" means a program using two languages, including English and
the home or heritage language, as a medium of instruction in the teaching and
learning process;
B. "culturally and linguistically
different" means students who are of a different cultural background
than mainstream United States culture and whose home or heritage language,
inherited from the student's family, tribe or country of origin, is a language
other than English;
C. "district" means a public
school or any combination of public schools in a district;
D. "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;
E. "heritage language" means a
language other than English that is inherited from a family, tribe, community
or country of origin;
F. "home language" means a
language other than English that is the primary or heritage language spoken at
home or in the community;
G. "school board" means a local
school board; and
H. "standardized curriculum"
means a district curriculum that is aligned with the state academic content
standards, benchmarks and performance standards.
[6.32.2.7 NMAC -
Rp, 6.32.2.7 NMAC, 7/1/2018]
6.32.2.8 DEPARTMENT
DUTIES: The department shall be responsible for
carrying out the powers and duties as provided in the Bilingual Multicultural
Education Act, Sections 22-23-1 through 22-23-6 NMSA 1978.
[6.32.28 NMAC -
Rp, 6.32.2.8 NMAC, 7/1/2018]
6.32.2.9 PROGRAM GOALS: As
stated in the Bilingual Multicultural Education Act, Section 22-23-1 NMSA 1978,
the state's bilingual multicultural education program goals are for all
students, including English language learners, to:
A. become bilingual
and biliterate in English and a second language, including Spanish, a Native
American language (with appropriate approval from tribal councils or from other
appropriate tribal entities with authority to make educational decisions on
behalf of Native American children) or another language. For Native American languages that are oral
only, the literacy component shall be measured only in the skill areas/domains
of listening, speaking, and comprehension; and
B. meet state
academic content standards and benchmarks in all subject areas.
[6.32.2.9 NMAC -
Rp, 6.32.2.9 NMAC, 7/1/2018]
6.32.2.10 PROGRAM
ELIGIBILITY: To be eligible for financial support, each
program shall:
A. provide for the educational needs of
linguistically and culturally different students, including Native American
children and other students who may wish to participate, in grades kindergarten
through 12, with priority to be given to programs in grades kindergarten
through three, in any public school or
any combination of public schools in a district;
B. fund
programs for culturally and linguistically different students in the state in
grades kindergarten through three, for which there is an identifiable need to
improve the language capabilities of both English and the home language of
these students, before funding programs at higher grade levels;
C. use two
languages as mediums of instruction for any part or all of the curriculum of
the grade levels within the program;
D. establish a parent advisory
committee, representative of the languages and cultures of all the students in
the program, to assist and advise in the development, implementation, and
evaluation of the program;
E. provide procedures to ensure that
parental notification is given annually prior to program placement; and
F. provide personnel endorsed in bilingual
education, modern classical and native languages, TESOL, or certified in Native
American language and culture. The
secretary of education may authorize other personnel to implement programs if
qualified personnel are not available by the submission of an approved program
design that addresses recruitment, professional development, and staffing
patterns.
[6.32.2.10 NMAC -
Rp, 6.32.2.10 NMAC, 7/1/2018]
6.32.2.11 PROGRAM
APPROVAL:
A. A public school district shall
submit an initial application to the department by the date of the preceding
school year as specified by the department for each school requesting program
approval. A proposed bilingual multicultural education
program shall be eligible pursuant to Section 22-23-1 NMSA 1978 and 6.32.2
NMAC.
B. The initial application shall include:
(1) projected
number of students to be served;
(2) assurances
that all district and school personnel are knowledgeable of the requirements to
comply with Section 22-23-1 NMSA 1978 and 6.32.2 NMAC; signatures of school
board president, superintendent, bilingual multicultural education director,
school principal, and a parent advisory committee representative who shall not
be employed by the district or school;
(3) a
program plan;
(4) a
resource allocation plan that supports program implementation;
(5) evidence
of prior tribal consultation in program planning in accordance with the Indian
Education Act 22-23A-1 through 22-23A-8 NMSA 1978; public schools providing a Native American language
revitalization program, or other approved Native American bilingual
multicultural education model, shall obtain approval from tribal councils or
from other appropriate tribal entities with authority to make educational
decisions on behalf of Native American children; and
(6) districts
providing a Native American language revitalization program, or other approved
Native American bilingual multicultural education model, shall provide
notification of approval and the application approved by the department to
tribal councils or other appropriate tribal entities with authority to make
education decisions on behalf of Native American children.
C. The department
shall review initial applications for approval.
Districts with approved applications shall submit by the fortieth day of
the target school year the following:
(1) instructional
plan; and
(2) actual
number of students to be served.
[6.32.2.11 NMAC -
Rp, 6.32.2.11 NMAC, 7/1/2018]
6.32.2.12 PROGRAM ELEMENT - INSTRUCTION:
A. Public schools providing an approved bilingual multicultural
education program shall include:
(1) instruction
to attain language proficiency and literacy skills in two languages, one of
which is English;
(2) instruction
to attain academic achievement in two languages, one of which is English;
(3) sheltered
content instruction;
(4) standardized
curriculum, including instructional materials with scope and sequence, that is
aligned with the state academic content standards, benchmarks and performance
standards;
(5) instruction
in the history and cultures of New Mexico; and
(6) culturally
and linguistically responsive instruction designed to develop cross-cultural skills.
B. Public schools
providing a Native American language revitalization program, or other approved
Native American bilingual multicultural education model, shall obtain approval
from tribal councils or from other appropriate tribal entities with authority
to make educational decisions on behalf of Native American children. An
approved program shall include:
(1) instruction
to attain language proficiency and literacy skills in English and a Native
American language (where tribal language is written); for Native American
languages that are oral only, the literacy component shall be measured only in
the skill areas or domains of listening, speaking and comprehension;
(2) instruction
to attain academic achievement in English and a Native American language;
(3) sheltered
content instruction;
(4) standardized
curriculum, including instructional materials with scope and sequence, that is
aligned with the state academic content standards, benchmarks and performance
standards, unless otherwise agreed to in writing by the department in
accordance with the Indian Education Act Article 23A;
(5) instruction
in the history and cultures of New Mexico Native American tribes; and
(6) culturally
and linguistically responsive instruction designed to develop cross-cultural skills.
C. The following
content areas shall be included as appropriate:
(1) language
arts in the home or heritage language - for funding purposes, time allotted for
instruction in the home language must be equivalent to the time provided for
English language arts and must be consecutive in nature (that is, not
fragmented throughout the day);
(2) English
language development - English language instruction to develop the English
language proficiency of English language learners based on the student’s
English language proficiency level; instruction shall be distinct from content
area instruction; and
(3) depending
on the time allotted for program:
(a) content
area instruction in the home or heritage language of the program that utilizes
the student’s language, history, and culture; or
(b) fine
arts instruction in the home or heritage language of the program that utilizes
the student’s language, history, culture, and the arts traditions of the
student’s community.
D. All programs
shall implement one or more of the following bilingual multicultural education
models in the public school:
(1) dual
language immersion: designed to develop proficiency in two languages;
(2) enrichment:
designed to further develop the home language,
as defined in Subsection G of Section 22-23-2
NMSA 1978, of fully English proficient students;
(3) heritage
language: designed to support and
revitalize a student’s heritage language and culture through oral and written
communication; for Native American languages that are oral only, the literacy
component shall be measured only in the skill areas or domains of listening,
speaking and comprehension;
(4) maintenance:
designed to develop and maintain
proficiency and literacy in the home language while developing a student’s
literacy and oral skills in English; and
(5) transitional:
designed to develop skills in the home
language and culture while developing continued skills and proficiency in
English.
[6.32.2.12 NMAC -
Rp, 6.32.2.12 NMAC, 7/1/2018]
6.32.2.13 PROGRAM
ELEMENT - PROFESSIONAL DEVELOPMENT: Districts shall provide professional development to
employees.
A. Public school districts shall provide
professional development to teachers, Native American language and culture
teachers, teacher assistants, instructional support personnel, principals,
bilingual directors or coordinators, associate superintendents,
superintendents, other instructional personnel, and financial officers in the
areas of:
(1) research-based
bilingual multicultural education, language revitalization programs and
implications for instruction;
(2) best
practices of English as a second language (ESL); English language development
(ELD), bilingual multicultural education and language revitalization programs;
(3) classroom
assessments that support academic and language development;
(4) principles
of first and second language acquisition, including language revitalization,
differentiated language instruction and sheltered content instruction; and
(5) effective
practices of program implementation and program evaluation.
B. Bilingual multicultural
education or language revitalization programs shall be part of the district’s
professional development plan as required in Subsection E of Section 22-23-5
NMSA 1978.
[6.32.2.13 NMAC -
Rp, 6.32.2.13 NMAC, 7/1/2018]
6.32.2.14 PROGRAM
ELEMENT - ASSESSMENT:
A. Trained
personnel shall administer state-approved language proficiency assessments in
English and the home or heritage language annually until proficiency in each
language is achieved; public schools providing a Native American language
revitalization program, or other approved Native American bilingual
multicultural education model, shall obtain approval for language proficiency
assessments from tribal councils or from other appropriate tribal entities with
authority to make educational decisions on behalf of Native American children;
for Native American languages that are oral only, the literacy component shall
be measured only in the skill areas or domains of listening, speaking, and
comprehension.
B. Public school
districts shall comply with federal assessment requirements.
C. Students
enrolled in this program shall participate in the New Mexico standards-based
assessment (NMSBA) program.
D. In those grades
that students do not participate in the New Mexico standards-based assessment
program, the public school district shall develop and implement an assessment
and evaluation program.
[6.32.2.14 NMAC -
Rp, 6.32.2.14 NMAC, 7/1/2018]
6.32.2.15 PROGRAM
EVALUATION:
A. Bilingual
multicultural education programs shall be evaluated by the department annually
for effectiveness and for the appropriate use of funds generated by the
bilingual cost differential in the funding formula. For the purposes of such evaluation, each
district shall maintain academic achievement and language proficiency data for
each school year of each program, which shall be updated annually. This data
shall be provided to the department in an annual progress report submitted to
the department by September 30 of the following school year. The
annual report shall include the following, by school and by model(s):
(1) verification
that the program has identified and served students most in need (with priority
given to K-3) based on language proficiency (English and home or heritage
language) and academic achievement;
(2) a
current analysis of language and academic assessment results demonstrating that
participating students have made measurably significant growth toward meeting
the state targets for language and academic proficiency;
(3) specific
and measureable goals for the following school year, based on Paragraph (2) of
Subsection A of 6.32.2.15 NMAC;
(4) verification that teachers, Native American
language and culture teachers, teacher assistants, instructional support
personnel, principals, bilingual directors or coordinators, associate
superintendents, superintendents, other instructional personnel, and financial
officers have participated in the districts professional development plan for
the program;
(5) an
expenditure report from the general ledger on the use of funds generated by the
bilingual cost differential in the funding formula for the program; and
(6) districts
providing a Native American language revitalization program, or other approved
Native American bilingual multicultural education model, shall provide the
annual progress report submitted to the department to tribal councils or other
appropriate tribal entities with authority to make education decisions on
behalf of Native American children.
B. The
department shall compile and analyze the data submitted by public school
districts and shall report annually to the appropriate interim legislative
committee.
[6.32.2.15 NMAC -
Rp, 6.32.2.15 NMAC, 7/1/2018]
6.32.2.16 PROGRAM
RENEWAL:
A. Based on program
monitoring and review of the annual report, the department will determine
whether the bilingual multicultural education program is compliant pursuant to
Section 22-23-1 NMSA 1978 and 6.32.2 NMAC.
(1) If
the department determines that a program is compliant, the public school
district may continue the program as authorized in the approved application;
districts providing a Native American language revitalization program, or other
approved Native American bilingual multicultural education model, shall notify
tribal councils or other appropriate tribal entities with authority to make
educational decisions on behalf of Native American children of compliance and
program continuation.
(2) If
the department determines that a program is not compliant, the department shall
notify the district of such non-compliance, including specific areas of
non-compliance.
(a) Upon
receipt of a notice of non-compliance from the department, the district shall
develop a program improvement plan, with technical assistance from the
department, to address the non-compliance.
This plan shall include provisions to adjust the curriculum, program
components or method of instruction, as necessary. The plan must be submitted to the department
within 30 days, or, with prior written approval of the department, additional
time not to exceed 90 days, from receipt by the district of the notice of
non-compliance. The district shall
implement this plan during the school year in which the district received the
notice of non-compliance.
(b) A
district in the process of implementing a program improvement plan shall submit
its annual report to the department and will be evaluated by the department for
compliance based on the standards articulated in 6.32.2.15 NMAC, and not solely
on the basis of whether they have fully implemented and complied with the program
improvement plan.
(c) If
upon review, after receipt of the annual report submitted by a district with a program
improvement plan, the department determines that the district remains non-compliant;
the department shall so notify the district.
If the district remains non-compliant after the first year of
implementation of the program improvement plan, the district will be required
to re-evaluate the program improvement plan and make necessary adjustments. The district must report the results of this
evaluation and any revisions to the original program improvement plan to the department
within 30 days, or, with prior written approval of the department, additional
time not to exceed 90 days, of receipt of the notice of non-compliance.
(d) If
a program is determined to be non-compliant after receiving three consecutive
notices of non-compliance, the department shall notify the district and shall
discontinue the program at the end of the third school year unless the district
can verify compliance to the satisfaction of the department.
(e) A
district may not apply for approval for a bilingual multicultural education
program for the school year immediately following a discontinuation by the department.
(f) Districts
providing a Native American language revitalization program, or other approved
Native American bilingual multicultural education model, shall notify tribal
councils or other appropriate tribal entities with authority to make
educational decisions on behalf of Native American children of non-compliance
and provide evidence of tribal consultation in the development of a program
improvement plan in accordance with the Indian Education Act, Sections 22-23A-1
through 22-23A-8 NMSA 1978 and the Bilingual Multicultural Education Act,
Section 22-23-1 NMSA 1978.
(g) All
districts, regardless of any discontinuation by the department, shall submit
the annual report to the department, for any year in which the district has
provided assurances to the department.
[6.32.2.16 NMAC -
Rp, 6.32.2.16 NMAC, 7/1/2018]
HISTORY OF 6.32.2 NMAC:
PRE-NMAC HISTORY: The material
in this regulation is derived from that previously filed with the State Records
Center and Archives under: State Board of Education Regulation 73-21, Guidelines
for Submitting Bilingual Multicultural Education Proposals, filed June 18,1973
and
State Board of
Education Regulation No. 75-19, Guidelines for Implementing Bilingual Multicultural
Programs, filed January 22, 1976.
HISTORY OF
REPEALED MATERIAL: 6.32.2 NMAC, Guidelines for Implementing
Bilingual Multicultural Programs, repealed effective 7/1/2003; 6.32.2 NMAC,
Guidelines for Implementing Bilingual Multicultural Education Programs,
repealed effective 11/30/2005; 6.32.2 NMAC, Guidelines for Implementing
Bilingual Multicultural Education Programs, filed 11/30/2005 was repealed and
replaced by Guidelines for Implementing Bilingual Multicultural Education
Programs effective 7/1/2018.