New Mexico Register / Volume XXXIV,
Issue 13 / July 18, 2023
This is an amendment to 6.32.2 NMAC, Sections 1, 3, 4, 6, 7, 9,
10, 11, 12 and 16, effective 07/18/2023.
6.32.2.1 ISSUING
AGENCY: Public Education Department, [herein after]
hereinafter the department.
[6.32.2.1 NMAC - Rp, 6.32.2.1
NMAC, 7/1/2018; A, 7/18/2023]
6.32.2.3 STATUTORY
AUTHORITY: This regulation is adopted pursuant to
Sections 9-24-8, 22-2-1, 22-2-2, and 22-23-1 through 22-23-6 NMSA
1978.
[6.32.2.3 NMAC - Rp, 6.32.2.3
NMAC, 7/1/2018; A, 7/18/2023]
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shall remain in full force and effect until otherwise repealed or expired.]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; A, 7/18/2023]
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; A, 7/18/2023]
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; A, 7/18/2023]
6.32.2.9 PROGRAM GOALS: [As stated
in the Bilingual Multicultural Education Act, Section 22-23-1 NMSA 1978, the]
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] areas or 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; A, 7/18/2023]
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; A, 7/18/2023]
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, Sections 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] 40th 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; A, 7/18/2023]
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] shall be equivalent to the time provided for
English language arts and [must] shall 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) language acquisition in the home
or heritage language – instruction to develop language proficiency based on the
student’s home or heritage language proficiency level; and
[(3)] (4) 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; A, 7/18/2023]
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)] A. 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)]
B. 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)]
(1) 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]
shall 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)]
(2) 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)] (3) 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] shall 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)]
(4) 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)] (5) 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)]
(6) 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)] (7) 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; A, 7/18/2023]