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, hereinafter the
department.
[6.32.2.1 NMAC - Rp, 6.32.2.1
NMAC, 7/1/2018; A, 7/18/2023]
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 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.
[6.32.2.4 NMAC - Rp, 6.32.2.4
NMAC, 7/1/2018; A, 7/18/2023]
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 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:
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]
6.32.2.8 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: The state's
bilingual multicultural education program goals are 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 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 the curriculum of the grade levels within the program;
D. establish a parent advisory committee, representative of
the languages and cultures of 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 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;
(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 shall be equivalent to the time provided for English language arts and
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
(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]
6.32.2.13 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 measurable 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: 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.
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.
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.
(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 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.
(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.
(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 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 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.
(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.
(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.
(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.
(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]
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.