New Mexico Register / Volume XXXIV, Issue 11 / June 13, 2023

 

 

TITLE 6               PRIMARY AND SECONDARY EDUCATION

CHAPTER 19     PUBLIC SCHOOL ACCOUNTABILITY

PART 8                SCHOOL IMPROVEMENT DESIGNATIONS

 

6.19.8.1                 ISSUING AGENCY:  Public Education Department, hereinafter the department.

[6.19.8.1 NMAC – Rp/E, 6.19.8.1 NMAC, 5/23/2023]

 

6.19.8.2                 SCOPE:  This rule shall apply to all public schools in New Mexico.  If any part or application of this rule is held invalid, the remainder of the rule or its application in other situations shall not be affected.

[6.19.8.2 NMAC – Rp/E, 6.19.8.2 NMAC, 5/23/2023]

 

6.19.8.3                 STATUTORY AUTHORITY:  Sections 9-24-8, 22-2-1, 22-2-2, 22-2C-4, 22-2C-5, 22-2F-2, and 22-2C-11 NMSA 1978; 20 USC 6303 Sections 1003 and 1111.

[6.19.8.3 NMAC – Rp/E, 6.19.8.3 NMAC, 5/23/2023]

 

6.19.8.4                 DURATION:  Permanent.

[6.19.8.4 NMAC – Rp/E, 6.19.8.4 NMAC, 5/23/2023]

 

6.19.8.5                 EFFECTIVE DATE:  May 23, 2023, unless a later date is cited at the end of a section.

[6.19.8.5 NMAC – Rp/E, 6.19.8.5 NMAC, 5/23/2023]

 

6.19.8.6                 OBJECTIVE:  The purpose of this rule is to comply with requirements for school improvement designations as detailed by the state’s system of annual meaningful differentiation and actions required of the department by the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA).  Additionally, this rule establishes criteria for determining the differentiation of performance of public schools and provides for the identification of, and support for, historically struggling or low-performing schools, including schools that are underserving student population subgroups, and the prioritization of funding for interventions for those schools.

[6.19.8.6 NMAC – Rp/E, 6.19.8.6 NMAC, 5/23/2023]

 

6.19.8.7                 DEFINITIONS:

                A.            “All required indicators” means those indicators required in the state’s system of annual meaningful differentiation that are used in establishing the index score for each school.

                B.            “Annual meaningful differentiation” means the state system of accountability for defining school performance in compliance with 20 USC 6303 Section 1111.

                C.            “Chronic absenteeism” means the percentage of students missing ten percent or more of the school year for any reason, including excused absences, unexcused absences, and out-of-school suspensions.

                D.            “College and career readiness” or “CCR” means an indicator calculated for all high schools statewide, consisting of the number of high school students who participated in CCR opportunities, as defined by the department, divided by the number of students in the four-year graduation cohort.

                E.            “English learner” or “EL” means a student whose first or heritage language is not English and who does not yet understand, speak, read, or write English at a level comparable to grade-level English proficient peers and native English speakers.

                F.            “English learner progress” means a growth-to-proficiency indicator of the acquisition of English language proficiency for EL students.  The indicator is calculated by comparing the student’s first English language proficiency level, the projected level of expected English language proficiency considering student’s grade level and the number of years the student has attended U.S. schools, and the actual English language proficiency level obtained in the current year.

                                (1)           Each student identified as EL has an annual English language growth-to-proficiency target that is based on the student’s grade level at identification as an EL and the student’s initial English language proficiency level on the department-approved English language proficiency assessment.

                                (2)           English language growth-to-proficiency targets are a measure of the extent to which students should be gaining English language proficiency within five years as measured by the department-approved English language proficiency assessment.

                G.            “Graduation growth” means an indicator equal to the annual increase in the four-year cohort graduation rate.  The indicator is calculated by subtracting the four-year graduation rate from the current four-year graduation rate and dividing it by two.

                H.            “Graduation rate” means an indicator equal to the percentage of students in a four-, five-, or six-year cohort who earned a New Mexico diploma of excellence within a specified number of years, with the cohort assigned based upon the year of high school completion and the first-time entry into ninth grade.

                                (1)           Four-year cohort graduation rate means the percentage of students in the four-year cohort who earned a New Mexico diploma of excellence within four years.

                                (2)           Five-year cohort graduation rate means the percentage of students in the five-year cohort who earned a New Mexico diploma of excellence within five years.

                                (3)           Six-year cohort graduation rate means the percentage of students in the six-year cohort who earned a New Mexico diploma of excellence within six years.

                I.             “Local education agency” or “LEA” means a school district or a state-chartered charter school.

                J.             “Proficiency” means a student’s academic achievement score of proficient or above as defined by the department on the New Mexico statewide assessment.

                K.            “School index score” means the total score a school earns on all required measures as described in 6.19.8.9 NMAC.

                L.            “Science proficiency” means an indicator of student proficiency on the statewide assessment for science.

                M.           “Statewide assessment” means the collection of instruments administered annually that assess student academic performance and students’ progress toward meeting New Mexico content standards in prekindergarten through grade 12.

                N.            “Student growth” or “academic improvement” means an indicator of the extent to which students are increasing their mastery of state content standards and scoring proficient as determined and measured by the New Mexico statewide assessment in prekindergarten through grade 12.

                O.            “Student proficiency” means a measure demonstrating students' grade level mastery of the knowledge and skills determined by the New Mexico assessments.

                P.            “Subgroup index score” means the total score for each student population subgroup at a school on all required measures described in 6.19.8.9 NMAC.

                Q.            “Supplemental accountability model school” or “SAM school” means any public school in which, based on the 40th day enrollment reporting, the following categories total thirty percent or more of the student population:

                                (1)           age 19 or older;

                                (2)           non-gifted students who qualify for level C or level D special education; or

                                (3)           pregnant or parenting teens; or

                                (4)           return to school students.

                R.            “Return to school students” means students who have every been off track to graduation for their grade level or have ever been chronically absent from school and are now enrolled in school.

[6.19.8.7 NMAC – Rp/E, 6.19.8.7 NMAC, 5/23/2023]

 

6.19.8.8                 [RESERVED]

[6.19.8.8 NMAC – Repealed/E, 6.19.8.8 NMAC, 5/23/2023]

 

6.19.8.9                 DETERMINATION OF A SCHOOL’S INDEX SCORE:  Each school shall earn a school index score as described in this section.  Each measure below is calculated by the department according to the state’s system for annual meaningful differentiation detailed in the state’s ESSA plan and any addendums approved by the United States department of education in accordance with 20 USC 6303 Section 1111.  The school’s index score and subgroup index scores will be used to identify schools in need of intervention as required in 6.19.8.11 NMAC.

                A.            For the calculation of school index scores for the 2021-2022 school year, elementary and middle schools can earn a maximum of 100 points as a total of the following measures:

                                (1)           25 points each for student proficiency in English language arts and mathematics;

                                (2)           10 points for science proficiency;

                                (3)           10 points each for improvement in student proficiency in English language arts and mathematics;

                                (4)           10 points for attendance; and

                                (5)           10 points for English learner progress.

                B.            For the calculation of school index scores for the 2021-2022 school year, high schools can earn a maximum of 100 points as a total of the following measures:

                                (1)           15 points each for student proficiency in English language arts and mathematics;

                                (2)           10 points for science proficiency;

                                (3)           five points each for improvement in student proficiency English language arts and mathematics;

                                (4)           10 points for attendance;

                                (5)           five points for college and career readiness.

                                (6)           30 points for graduation rate, calculated in the following manner:

                                                (a)           10 points for the four-year rate;

                                                (b)           eight points for the five-year rate;

                                                (c)           seven points for the six-year rate; and

                                                (d)           five points for growth in the four-year rate; and

                                (7)           five points for English learner progress.

                C.            All enrolled students in eligible grades and courses, as determined by the department, must be assessed with the appropriate department-approved assessment, including the department-approved alternate assessment when applicable.

[6.19.8.9 NMAC – Rp/E, 6.19.8.9 NMAC, 5/23/2023]

 

6.19.8.10               PRIORITIZATION OF RESOURCES:

                A.            As part of the annual budget approval process pursuant to Section 22-8-11 NMSA 1978, on or before July 1 of each year, the department shall ensure that a local school board or governing body of a charter school is prioritizing resources of public schools identified for intervention pursuant to 6.19.8.11 NMAC.

                B.            Expenditures for instruction, student support services, instructional support services, and compensation and benefits for school principals designated as the 1000, 2100, 2200, and 2400 functions, respectively, in fund 11000 of the department’s chart of accounts for expenditures shall be reported by the department every two years and posted on the department website.

[6.19.8.10 NMAC – Rp/E, 6.19.8.10 NMAC, 5/23/2023]

 

6.19.8.11               SCHOOL IDENTIFICATION AND INTERVENTIONS:  The department shall identify schools for comprehensive support and improvement (CSI), additional targeted support and improvement (ATSI), targeted support and improvement (TSI), and more rigorous interventions (MRI).

                A.            CSI identification.  A school shall be identified as a CSI school if the school:

                                (1)           is in the lowest performing five percent of Title I schools in New Mexico as identified by the school index score;

                                (2)           has a four-year graduation rate less than or equal to sixty-six and two-thirds percent for two of the past three years;

                                (3)           is a Title I school that was previously identified as an ATSI school due to low performing student subgroups that has not demonstrated sufficient improvement in those subgroups by the next identification cycle; or

                                (4)           the department may identify additional schools as CSI schools as deemed necessary.

                B.            CSI exit criteria.  An identified CSI school is expected to exit CSI status by the next identification cycle after initial identification.  Exiting CSI status shall occur under the following conditions:

                                (1)           for schools identified for being among the bottom five percent of Title I schools,

by improving the school index score so that it is no longer in the lowest-performing five percent of Title I schools as described in Paragraph (1) of Subsection A of 6.19.8.11 NMAC;

                                (2)           for high schools identified due to low graduation rates, the school must improve their four-year graduation rate to be above sixty-six and two-thirds percent for two out of the previous three years; or

                                (3)           for Title I schools previously identified with low-performing student subgroups, the school must improve the subgroup index scores of the identified low-performing subgroups so the subgroup index scores for those subgroups are above the school index score of any of the lowest-performing five percent of Title I schools as defined in Paragraph (1) of Subsection A of 6.19.8.11 NMAC.

                C.            ATSI identification.  A school shall be identified as an ATSI school if one or more subgroups have a subgroup index score at or below the school index score any of the lowest-performing five percent of Title I schools as defined in Paragraph (1) of Subsection A of 6.19.8.11 NMAC.

                D.            ATSI exit criteria.  Schools with one or more low-performing subgroups shall exit ATSI status at any time when the school improves the subgroup index scores of the identified low-performing subgroups so the subgroup index scores for those subgroups are above the school index score of any of the lowest-performing five percent of Title I schools as defined in Paragraph (1) of Subsection A of 6.19.8.11 NMAC.

                E.            TSI identification. A school shall be identified as a TSI school if one or more subgroups meet the state’s definition of consistently underperforming as defined by the department for each identification cycle.

                F.            TSI exit criteria. Schools with one or more low-performing subgroups shall exit TSI status at any time when the school improves the index scores of the identified low-performing subgroups so the index scores for those subgroups are above the score of all students at any of the lowest-performing five percent of Title I schools as defined in Paragraph (1) of Subsection A of 6.19.8.11 NMAC.

                G.            MRI identification.  A school shall be identified as an MRI school if the school has not exited CSI status by the next identification cycle after initial school identification.

                H.            MRI plans.  Once identified as an MRI school, LEAs shall identify and submit a plan to significantly restructure and redesign.  Options for restructure and redesign include:

                                (1)           implementation of community schools strategies;

                                (2)           implementation of differentiated support and accountability for SAMs schools; or

                                (3)           significantly restructure and redesign through:

                                                (a)           implementation of evidence-based strategies;

                                                (b)           restart; or

                                                (c)           school closure.

                I.             MRI plan approval.  If the LEA refuses to identify and obtain department approval for an MRI intervention in which to participate, the department will select the intervention for the school.  The department reserves the right to approve or deny any MRI plan chosen and developed by an LEA. The department reserves the right to monitor and require execution of the approved MRI plan for the duration of the identification cycle.

                J.             MRI exit criteria.  An identified MRI school shall exit MRI designation by:

                                (1)           improving the school index score so that it is no longer in the lowest-performing five percent of Title I schools as described in Paragraph (1) of Subsection A of 6.19.8.11 NMAC; or

                                (2)           for high schools identified due to low graduation rates, improving their four-year graduation rate to be above sixty-six and two-thirds percent for two out of the previous three years.

[6.19.8.11 NMAC – Rp/E, 6.19.8.11 NMAC, 5/23/2023]

 

6.19.8.12               SUPPLEMENTAL ACCOUNTABILITY MODEL:

                A.            The department may supplement the calculation of a school index score for SAM schools in one or more ways as determined by the department and outlined in Subsections B and C of this section.

                B.            The department may include the rate of senior completion, which consists of students who are not members of the four-year graduation cohort, when calculating the number of points earned for the four-year cohort graduation rate.

                C.            The department may include additional department-approved assessments when calculating the participation and success components of the college and career readiness indicator.

                D.            Schools eligible for SAM school status remain subject to the assessment participation requirement described in Subsection C of 6.19.8.9 NMAC.

[6.19.8.12 NMAC – Rp/E, 6.19.8.12 NMAC, 5/23/2023]

 

6.19.8.13               DISTRICT AND STATE REPORT CARDS:  The department shall generate and publish district and state report cards annually in accordance with federal and state law.

[6.19.8.13 NMAC – Rp/E, 6.19.8.13 NMAC, 5/23/2023]

 

6.19.8.14               ACCOUNTABILITY FOR SCHOOLS DESIGNATED CSI AND MRI:  For schools designated as CSI or MRI, the department reserves the right to require LEAs to:

                A.            Implement the use of department-approved high-quality materials, best practices, and evidence-based programs.

                B.            Conduct department-approved LEA support and readiness assessments and publicly post summary findings.

                C.            Conduct department-approved school support and readiness assessments and publicly post summary findings.

                D.            Participate in department bi-annual monitoring and technical assistance visits.

                E.            Require schools to redirect or repurpose funds in accordance with their department-approved CSI or MRI plan.

                F.            For MRI schools, require a department-provided transformational coach.

                G.            For MRI schools, require restart or closure of an MRI school that has failed to exit MRI status within three school years.

[6.19.8.14 NMAC – N/E, 6.19.8.14 NMAC, 5/23/2023]

 

HISTORY OF 6.19.8 NMAC:

6.19.8 NMAC – Grading of Public Schools, filed 12/31/2018 was repealed and replaced via emergency rulemaking, by 6.19.8 NMAC – School Improvement Designations, effective 5/23/2023.