New Mexico Register / Volume XXX, Issue 11 / June 11, 2019
TITLE
6 PRIMARY AND SECONDARY
EDUCATION
CHAPTER
30 EDUCATIONAL STANDARDS - GENERAL
REQUIREMENTS
PART
12 K-5 PLUS PROGRAM
6.30.12.1 ISSUING AGENCY: Public Education
Department, hereinafter the department.
[6.30.12.1 NMAC – Rp/E, 6.30.12.1
NMAC, 6/14/2019]
6.30.12.2 SCOPE: This rule applies to
all school districts and public schools, including charter schools.
[6.30.12.2 NMAC - Rp/E, 6.30.12.2
NMAC, 6/14/2019]
6.30.12.3 STATUTORY AUTHORITY: Section 22-1-2 NMSA 1978.
[6.30.12.3 NMAC - Rp/E, 6.30.12.3
NMAC, 6/14/2019]
6.30.12.4 DURATION: Permanent.
[6.30.12.4 NMAC - Rp/E, 6.30.12.4
NMAC, 6/14/2019]
6.30.12.5 EFFECTIVE DATE: June 14, 2019,
unless a later date is cited at the end of a section.
[6.30.12.5 NMAC - Rp/E, 6.30.12.5
NMAC, 6/14/2019]
6.30.12.6 OBJECTIVE: This rule provides
criteria for the development and implementation of the K-5 plus program in
order to maximize successful outcomes for students and to facilitate the
transition from the K-3 Plus Act to the K-5 Plus Act. Development and implementation includes assisting school districts and charter schools as they build capacity to
offer K-5 plus programs. Development and implementation also includes assessing and
evaluating K-5 plus programs.
[6.30.12.6 NMAC - Rp/E, 6.30.12.6
NMAC, 6/14/2019]
6.30.12.7 DEFINITIONS:
A. “Capacity” means
having the appropriate numbers of teachers and students participating in the
K-5 plus program to meet program eligibility requirements.
B. “Evidence-based scientific math strategies
and program”
means instructional strategies and
mathematics programs that apply rigorous, systematic, and objective procedures to
obtain valid measures relevant to math instruction and that are developmentally
appropriate and integrate standards for mathematical practices.
C. “Evidence-based scientific reading strategies
and program” means instructional strategies and
reading programs that apply rigorous, systematic, and objective procedures to
obtain valid knowledge relevant to reading development, reading instruction,
and reading difficulties.
D. “High-priority schools” means, for the
purpose of the K-5 plus program, a public school:
(1) in
which eighty percent or more of the elementary school’s students are eligible
for free or reduced-fee lunch at the time the public school applies for the K-5
plus program;
(2) that
is a low-performing elementary school;
(3) that
participated in K-3 plus or K-5 plus programs in the most recent school year;
(4) that
is identified as a comprehensive support and
improvement school; or
(5) that
is identified as a targeted support and improvement school.
E. “Instructional day” means at least five
and one-half instructional hours per day for kindergarten through sixth grade
and at least six instructional hours per day for seventh through twelfth grade.
F. “K-5 plus program” means a voluntary
program, for approved full-day kindergarten classes and classes in grades one
through five, that extends the school year by 25 or more additional
instructional days for the purpose of literacy and numeracy instruction. The additional 25 or more instructional days will
commence prior to the regular school year.
G. “Local education agency or “LEA” means a school
district, or a locally chartered, or state-chartered charter school.
H. “Multi-layered system of support” means an
umbrella framework that encompasses response to intervention and positive
behavioral intervention and supports.
I. “Progress monitoring” means a scientifically-based
practice that teachers use to evaluate the effectiveness of their instruction
for individual students and their entire class through:
(a) the
identification of goals;
(b) measurement
of progress toward meeting those goals, comparing expected and actual rates of
learning; and
(c) adjustments
in instruction.
J. “School-wide”
means the program is offered in kindergarten and grades one through five, or as
many of those grade levels as an elementary school has.
K. “Screening assessment” means the standardized
assessment administered multiple times per year for all students to assess
specific skills and to identify academically at-risk students.
L. “Secretary” means the secretary of
public education.
[6.30.12.7 NMAC - Rp/E, 6.30.12.7
NMAC, 6/14/2019]
6.30.12.8 PROGRAM DEVELOPMENT AND
IMPLEMENTATION:
The department shall support schools in their capacity-building to
increase participation in the K-5 plus program.
Capacity-building includes professional development, curriculum
development, teacher recruitment, parent and family outreach, assessment, and program
design and evaluation.
[6.30.12.8 NMAC - Rp/E, 6.30.12.8
NMAC, 6/14/2019]
6.30.12.9 PROGRAM ELIGIBILITY:
A. To be
eligible for K-5 plus program units a school shall commit to:
(1) providing
25 or more additional instructional days of K-5 plus programming prior to the
start of the regular school year;
(2) keeping
students that participate in the K-5 plus program with the same teacher and
cohort of students for the following regular school year;
(3) providing
K-5 plus teachers additional professional development on how young children
learn to read; and
(4) implementing
the program school-wide.
B. Schools
shall pay for a teacher’s salary and professional development in the event a
school cannot meet the requirement in Paragraph (2) of Subsection A of 6.30.12.9
NMAC. The remaining K-5 programming
elements must be delivered. This option
is available for no more than two teachers per school.
C. Temporary
flexibility may be granted to ensure sustainable programs.
[6.30.12.9 NMAC - Rp/E, 6.30.12.9
NMAC, 6/14/2019]
6.30.12.10 PROGRAM ELEMENT - INSTRUCTION:
A. K-5
plus programs for kindergarten and grades one through five shall include:
(1) a
daily classroom schedule with time for all students to practice independent
reading;
(2) instruction and intervention provided to students based on
screening assessment data to guide instruction to meet student needs;
(3) a
comprehensive evidence-based early literacy core basal reading program or intervention
in alignment with the English language arts common core state standards established in
6.29.13.8 NMAC that:
(a) identify
the concepts and skills necessary to establish the foundation of success in
early reading;
(b) include
instructional strategies that ensure children learn identified concepts and
skills; and
(c) include
key early literacy skills instruction including but not limited to phonological
awareness, phonics, reading fluency, vocabulary, comprehension, and writing to
support comprehension.
(4) a
sequential comprehensive, developmentally appropriate early mathematics program
that aligns with the mathematics common core state standards established
in 6.29.14 NMAC
that:
(a) identify
the concepts and skills necessary to establish the foundation of success in
early mathematics; and
(b) include
instructional strategies that ensure children learn identified concepts and
skills; and
(5) implementation
of the department’s multi-layered system of support.
B. Schools
shall provide intervention services in literacy and numeracy for students enrolled
in the K-5 plus program who are not meeting grade level requirements.
[6.30.12.10 NMAC - Rp/E, 6.30.12.10
NMAC, 6/14/2019]
6.30.12.11 PROGRAM ELEMENT - ASSESSMENT:
A. K-5
plus schools shall administer a common screening assessment for student literacy
that diagnoses the acquisition of reading skills, including phonemic awareness,
letter knowledge, alphabetic decoding, vocabulary, spelling, comprehension and
fluency.
B. The
screening assessment in accordance with the requirements of this section shall be
administered to students participating in the K-5 plus program at the following
times:
(1) beginning
of the K-5 plus program;
(2) end
of the K-5 plus program;
(3) beginning
of the regular school year;
(4) middle
of the regular school year; and
(5) end
of the regular school year.
[6.30.12.11 NMAC - Rp/E, 6.30.12.11
NMAC, 6/14/2019]
6.30.12.12 PROFESSIONAL DEVELOPMENT:
A. The
LEA shall provide professional development to K-5 plus teachers in the following
areas:
(1) early
literacy research and its implications for instruction for phonemic awareness,
letter knowledge, alphabetic decoding, vocabulary, spelling, comprehension and
fluency in kindergarten and grades one through five;
(2) best
practices of culturally and linguistically responsive instruction, including
instruction for English language learners; and
(3) best
practices in early mathematics instruction.
B. To
support successful implementation of K-5 plus programs the department shall develop
and disseminate information on best practices in the areas of professional
development, curriculum development, teacher recruitment, parent and family
outreach, assessment, and program design.
[6.30.12.12 NMAC - Rp/E, 6.30.12.12
NMAC, 6/14/2019]
6.30.12.13 APPLICATION AND REVIEW PROCESS:
A. Pursuant to
the K-5 Plus Act, the department shall review all applications for approval. Priority will be given to those schools
identified as high-priority schools. Applicants
that meet the application deadlines will be approved based on demonstration of
the capacity to meet K-5 plus program requirements as set forth in statute,
regulation and department guidance, provided there is sufficient funding.
B. No
later than October 15 of each year, a school district or charter school that
wishes to apply for a new K-5 plus program for the next fiscal year shall
submit to the department the actual number of students who participated in its
K-5 plus programs in the current calendar year and an estimate of the number of
students the school district or charter school expects will participate in the
K-5 plus programs in the next calendar year. The department shall not approve a new K-5
plus program unless the school district or charter school notifies the
department of its intent to start a new program as required by Subsection B of
6.30.12.13 NMAC.
C. No
later than November 15 of each year, the department shall notify the
legislature of the number of students participating in K-5 plus programs in the
current school year and of the number of students projected to participate in
K-5 plus programs in the next school year.
[6.30.12.13 NMAC - Rp/E, 6.30.12.13
NMAC, 6/14/2019]
6.30.12.14 FUNDING MECHANISMS:
A. Funding
for individual school K-5 plus programs shall be calculated based on the
approved number of students in attendance on a date prescribed by the
department, multiplied by the cost differential factor of 0.3.
B. Any additional
services for students with disabilities required by the individualized
education program may be paid for by the district special education budget. School districts shall meet the maintenance of
effort requirements at 34 CFR Section 300.203, of the Individuals with
Disabilities Education Act (IDEA). The
expenditure levels for special education and related services shall be
maintained or shall exceed the previous year, unless a district has allowable
exceptions under 34 CFR Section 300.204 or is allowed to reduce maintenance of
effort pursuant to 34 CFR Section 300.205. School districts may use IDEA funds
only for the excess cost of providing special education and related services
for students with disabilities.
[6.30.12.14 NMAC - Rp/E, 6.30.12.14 NMAC, 6/14/2019]
6.30.12.15 EVALUATION AND REPORTING AND
AUDITING:
A. Schools
shall comply with annual and interim reports as required by the department for
student and program assessment and evaluation.
B. All
students participating in K-5 plus shall be reported to the department through
the department’s data collection and reporting system. Required fields include the following:
(1) daily
attendance;
(2) demographic
information;
(3) services
rendered under the multi-layered system of support;
(4) assigned
teacher; and
(5) number
of years the student has participated in the K-5 plus program.
C. The
department may request additional information regarding staffing, endorsements,
licensure levels, program elements, class roster reports, professional
development activities, parent and family involvement activities,
implementation successes and challenges, and suggested modifications.
D. Site
monitoring visits by the department or by evaluators designated by the
department shall be conducted. District
and school personnel shall attend site visits as needed as determined by the
department.
E. The
department shall report annually to the legislature and the governor on the development
and progress of the K-5 plus program.
F. The
department shall establish a K-5 plus advisory committee composed of
representatives of school districts and charter schools that participate in the
K-5 plus program, the legislative education study committee, the legislative
finance committee and other stakeholders.
The advisory committee shall meet twice a year to advise the department
on K-5 plus implementation.
[6.30.12.15 NMAC – N/E, 6/14/2019]
HISTORY
OF 6.30.12 NMAC:
6.30.12 NMAC, K-3 Plus Program,
filed 10/30/2014, was repealed and replaced by 6.30.12 NMAC, K-5 Plus Program,
effective 6/14/2019.