SENATE BILL 138

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Cynthia Nava

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOL PERSONNEL; PROVIDING FOR LIMITED RECIPROCITY FOR INSTRUCTIONAL SUPPORT PROVIDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 22-10A-17 NMSA 1978 (being Laws 2003, Chapter 153, Section 48, as amended) is amended to read:

     "22-10A-17. INSTRUCTIONAL SUPPORT PROVIDER LICENSES.--

          A. The department shall license instructional support providers, including educational assistants, school counselors, school social workers, school nurses, speech-language pathologists, psychologists, physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, recreational therapists, interpreters for the deaf, diagnosticians and other service providers. The department may provide a professional licensing framework in which licensees [can] may advance in their careers through the demonstration of increased competencies and the undertaking of increased duties.

          B. The department shall provide by rule for the requirements for licensure of types of instructional support providers. If an instructional support provider practices a licensed profession, [he] the provider shall provide evidence satisfactory to the department that [he] the provider holds a current, unsuspended license in the profession for which [he] the provider is applying to provide instructional support services. The instructional support provider shall notify the school district and department immediately if [his] the provider's professional license is suspended, revoked or denied. Suspension, revocation or denial of a professional license shall be just cause for discharge or termination and suspension, revocation or denial of the instructional support provider license.

          C. An instructional support provider licensed in another state may be granted a license to practice in New Mexico if the provider has qualifications equivalent to those required of candidates originally licensed in New Mexico. The applicant for reciprocity shall:

                (1) verify appropriate experience;

                (2) demonstrate the required competencies;

                (3) provide evidence satisfactory to the department that the provider holds a current, unsuspended New Mexico professional license, if applicable; and

                (4) meet other qualifications for the license applied for, including clearance of the required background check.

          D. The local superintendent or head administrator of a charter school may require a mentorship period for the instructional support provider if deemed necessary."

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