New Mexico Register / Volume XXXIV, Issue 13 / July 18,
2023
This is an
amendment to 6.29.5 NMAC, Sections 3, 6, 11, 12, and 13, effective 07/18/2023.
6.29.5.3 STATUTORY AUTHORITY:
[A. Section 22-2-2 NMSA 1978 grants the authority
and responsibility for the assessment and evaluation of public schools,
state-supported educational institutions and educational programs conducted in
state institutions other than New Mexico military institute.
B. Section 22-2-2 NMSA 1978 directs the
department to set graduation expectations and hold schools accountable. Section 22-2C-3 NMSA 1978 requires the
department to adopt academic content and performance standards and to measure
the performance of public schools in New Mexico.] This rule is being promulgated pursuant to
Sections 9-24-8, 22-2-1, 22-2-2, and 22-2C-3 NMSA 1978.
[6.29.5.3
NMAC - N, 8/31/2009; A, 7/18/2023]
6.29.5.6 OBJECTIVE: The department-approved English language development
standards provide a companion piece to the New Mexico content standards
for English language arts [(6.29.4 NMAC)]. The approved standards shall
guide second-language instruction for PreK-12 English language learner
students. The English language learner population falls into three basic
categories: students whose primary or home language
(L1) is other than English including recent immigrants; students from heritage
language groups needing enrichment and further development of academic English,
some of whom maintain degrees of fluency in their heritage language; and any
other students needing enrichment and further development of academic English.
Because instruction must address the appropriate proficiency level of the
individual student, which may vary greatly for any age, some consideration [must]
shall be made for the student’s maturity level.
[6.29.5.6
NMAC - N, 8/31/2009; A, 8/29/2014; A, 7/18/2023]
6.29.5.11 IDENTIFICATION OF
ENGLISH LANGUAGE LEARNERS: The department-approved New Mexico language usage
survey shall be completed for all new students initially enrolling in a public
school.
A. Students for
whom the department-approved New Mexico language usage survey indicates a
language other than English shall be screened with the department-approved
English language proficiency screening assessment.
B. Students
receiving scores below the composite score established by the department to be
used to determine English language proficiency will be classified as English
language learners and are eligible to receive English language development
services.
C. The
department-approved New Mexico language usage survey and the English language
proficiency screening assessment results shall be kept in each student’s
cumulative file.
D. Initial
identification of a student as an English language learner and parent
notification [must] shall occur not later than 30 days after the
beginning of the school year, or within two weeks of initial enrollment if not
enrolled at the beginning of the school year.
E. Students
classified as English language learners [must] shall be assessed
annually with the department-approved English language proficiency assessment
and the results shall be kept in each student’s cumulative file.
[6.29.5.11 NMAC -
N, 8/29/2014; A, 10/31/2016;
A, 7/18/2023]
6.29.5.12 EXIT
CRITERIA FOR ENGLISH LANGUAGE LEARNER STATUS:
A. English
language learners attaining a composite score as determined by the department
on the department-approved English language proficiency assessment will exit
English language learner status and shall be reclassified as fluent English
proficient.
B. Students
attaining the composite score identified in Subsection A [must] shall
be monitored for academic progress for two subsequent school years by the
school district.
[6.29.5.12 NMAC -
N, 8/20/2014; A, 10/31/2016;
A, 7/18/2023]
6.29.5.13 REQUIRED INSTRUCTION FOR ENGLISH
LANGUAGE LEARNERS:
A. Designated English
language development – instruction to develop the English language proficiency
of ELLs based on the student’s English language proficiency level and grade
level; instruction shall be distinct from content area instruction.
B. Integrated English language development – Integrated
instruction to attain English language proficiency and to meet content standards
and benchmarks; shall occur in all content area instruction.
[6.29.5.13 NMAC -
N, 7/18/2023]