New Mexico Code § 22-8-23.15

English learner program units
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A. A school district or charter school is eligible for additional program units if it
establishes identified services to assist English learners to attain English language
proficiency in a reasonable period of time. The number of additional units to which a
school district or charter school is entitled pursuant to this section is computed in the
following manner:
Three-Year Average Rate x MEM x 0.33 = Units.
B. To calculate the three-year average rate, the department shall compute the
preceding three-year average of the school district's or charter school's percentage of
MEM that is classified as an English learner, using criteria established by the office for
civil rights of the United States department of education. The three-year average rate
shall include students who have been reclassified as fluent English proficient in the
preceding two school years, as determined by the department on the department-
approved English language proficiency assessment.
C. The department shall recalculate the three-year average rate for each school
district and charter school every year.
D. For the purposes of this section, "services" means research- or evidence-based
social, emotional or academic interventions designed to improve student achievement
and sustain student progress, such as:
(1) culturally sustaining case management, tutoring, language development
interventions, out-of-school time programs and student service-leadership development
opportunities;
(2) culturally sustaining professional learning, coursework and curriculum
development opportunities;
(3) culturally and grade-level-appropriate instructional materials;
(4) additional compensation strategies that support high-quality, culturally and
linguistically sustaining instruction;
(5) innovative staffing, scheduling and programming strategies that promote
collaborative instruction; and
(6) services to support and partner with parents and families in the long-term
success of students.
History: 1978 Comp., § 22-8-23.15, enacted by Laws 2025, ch. 89, § 6.

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