New Mexico Statutes Chapter 22. Public Schools § 22-8-23.15. English learner program units

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: