November 9, 2001
Honorable Michael J. Davis
Superintendent of Public Instruction
New Mexico Department of Education
300 Don Gaspar
Santa Fe, New Mexico 87501-2786
Dear Superintendent Davis:
I am writing to inform you that the U.S. Department of Education is granting a waiver of timeline to the New Mexico Department of Education in order to give your State additional time to meet the assessment requirements of Title I of the Elementary and Secondary Education Act. This waiver is for the 2001-2002 and 2002-2003 school years and will expire on December 1, 2003.
The waiver is intended to allow New Mexico time to complete the following activities and to submit evidence of their completion to this Department:
- Develop and administer a high school assessment that is fully aligned with State content and performance standards and meets Title I requirements for alignment, technical quality, and reporting.
- Develop and administer new assessments for grades 3-9 for language arts and mathematics, complete alignment studies of these assessments, and address and correct any gaps or weaknesses identified. These assessments must meet Title I requirements for alignment, technical quality, and reporting.
- Complete alignment studies of Spanish language achievement assessments, and address and correct any gaps or weaknesses identified.
- Undergo the Departmental peer review process for performance standards, and meet Title I requirements for those standards.
- Submit accurate participation data that include evidence of inclusion of all students, including students with disabilities and limited English proficient students, in the accountability system.
This waiver will permit New Mexico to continue receiving Title I funds while conducting activities to further develop and implement your final assessment system. Before the waiver expires, you must provide the Department with evidence that the New Mexico Department of Education has completed the activities listed above.
Page 2 – Honorable Michael J. Davis
If, over time, changes are made to New Mexico’s assessment system, you must submit information about those changes to the Department as required by section 1111(e)(2) of Title I.
Please understand that this waiver of timeline for New Mexico's assessment system for Title I is not a determination that the system complies with Federal civil rights requirements, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and requirements under the Individuals with Disabilities Education Act.
We look forward to New Mexico’s submission of evidence for full approval.
Susan B. Neuman, Ed.D