SENATE BILL 562

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

William P. Soules

AN ACT

RELATING TO PUBLIC EDUCATION; ESTABLISHING REQUIREMENTS FOR THE USE OF RELEVANT DATA THAT ARE EFFECTIVE, APPROPRIATE AND COMPREHENSIVE IN TEACHER AND PRINCIPAL EVALUATION.

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

     SECTION 1. Section 22-10A-4 NMSA 1978 (being Laws 2003, Chapter 153, Section 35, as amended by Laws 2005, Chapter 315, Section 4 and by Laws 2005, Chapter 316, Section 1) is amended to read:

     "22-10A-4. TEACHERS AND SCHOOL ADMINISTRATORS--PROFESSIONAL STATUS--LICENSURE LEVELS--SALARY ALIGNMENT.--

          A. Teaching and school administration are recognized as professions, with all the rights, responsibilities and privileges accorded professions, having their first responsibility to the public they serve. The primary responsibilities of the teaching and school administration professions are to educate the children of this state and to improve the professional practices and ethical conduct of their members.

          B. The New Mexico licensure framework for teachers and school administrators is a progressive career system in which licensees are required to demonstrate increased competencies and undertake increased duties as they progress through the licensure levels. The minimum salary provided as part of the career system shall not take effect until the department has adopted increased competencies for the particular level of licensure and a highly objective uniform statewide standard of evaluation that shall include effective, appropriate and comprehensive use of relevant data, including the following information:

                (1) student attrition and mobility;

                (2) ethnic and racial composition of the student body;

                (3) student-to-certified-teacher ratios at each grade and school level;

                (4) the percentage of students who qualify for free and reduced-price lunch in the school;

                (5) number and categories of special needs students, including students who have been identified as gifted;

                (6) current class size practice at the school;

                (7) students' language background;

                (8) outline of the school curriculum;

                (9) ethnic and racial composition of the teaching and administrative staff; and

                (10) other data determined to be relevant by the school district.

          C. A level one license is a provisional license that gives a beginning teacher the opportunity, through a formal mentorship program, for additional preparation to be a quality teacher. A level two license is given to a teacher who is a fully qualified professional who is primarily responsible for ensuring that students meet and exceed department-adopted academic content and performance standards; a teacher may choose to remain at level two for the remainder of the teacher's career. A level three-A license is the highest level of teaching licensure for those teachers who choose to advance as instructional leaders in the teaching profession and undertake greater responsibilities such as curriculum development, peer intervention and mentoring. A level three-B license is for teachers who commence a new career path in school administration by becoming school administrators.

          D. All teacher and school administrator salary systems shall be aligned with the licensure framework in a professional educator licensing and salary system.

          E. All teachers and school administrators who hold teaching or administrator certificates on the effective date of the 2003 act shall meet the requirements for their level of licensure by September 1, 2006 and shall be issued licenses."

     SECTION 2. Section 22-10A-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended) is amended to read:

     "22-10A-7. LEVEL ONE LICENSURE.--

          A. A level one license is a provisional five-year license for beginning teachers that requires as a condition of licensure that the licensee undergo a formal mentorship program for at least one full school year and an annual intensive performance evaluation by a school administrator for at least three full school years before applying for a level two license.

          B. Each school district, in accordance with department rules, shall provide for the mentorship and evaluation of level one teachers. At the end of each year and at the end of the license period, the level one teacher shall be evaluated for competency. If the teacher fails to demonstrate satisfactory progress and competence annually, the teacher may be terminated as provided in Section 22-10A-24 NMSA 1978. If the teacher has not demonstrated satisfactory progress and competence by the end of the five-year period, the teacher shall not be granted a level two license.

          C. Except in exigent circumstances defined by department rule, a level one license shall not be extended beyond the initial period.

           D. The department shall issue a standard level one license to an applicant who is at least eighteen years of age who:

                (1) holds a baccalaureate degree from an accredited educational institution;

                (2) has successfully completed a department-approved teacher preparation program from a nationally accredited or state-approved educational institution;

                (3) has passed the New Mexico teacher assessments examination, including for elementary licensure beginning January 1, 2013, a rigorous assessment of the candidate's knowledge of the science of teaching reading; and

                (4) meets other qualifications for level one licensure, including clearance of the required background check.

          E. The department shall issue an alternative level one license to an applicant who meets the requirements of Section 22-10A-8 NMSA 1978.

          F. The department shall establish competencies and qualifications for specific grade levels, types and subject areas of level one licensure, including early childhood, elementary, middle school, secondary, special [education] and vocational education.

          G. Beginning with the 2003-2004 school year, with the adoption by the department of a highly objective uniform statewide standard of evaluation for level one teachers that shall include effective, appropriate and comprehensive use of relevant data, the minimum salary for a level one teacher shall be thirty thousand dollars ($30,000) for a standard nine and one-half month contract.

          H. Teachers who hold level one licenses on the effective date of the 2003 act must be evaluated by the end of the 2006-2007 school year."

     SECTION 3. Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended by Laws 2005, Chapter 315, Section 7 and by Laws 2005, Chapter 316, Section 4) is amended to read:

     "22-10A-10. LEVEL TWO LICENSURE.--

          A. A level two license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates essential competency to teach. If a level two teacher does not demonstrate essential competency in a given school year, the school district shall provide the teacher with additional professional development and peer intervention during the following school year. If by the end of that school year the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom.

          B. The department shall issue a level two license to an applicant who successfully completes the level one license or is granted reciprocity as provided by department rules; demonstrates essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications as required by the department.

          C. The department shall provide for qualifications for specific grade levels, types and subject areas of level two licensure, including early childhood, elementary, middle, secondary, special education and vocational education.

          D. With the adoption by the department of the statewide objective performance evaluation for level two teachers that shall include effective, appropriate and comprehensive use of relevant data, the minimum salary for a level two teacher for a standard nine and one-half month contract shall be [as follows:

                (1) for the 2003-2004 school year, thirty thousand dollars ($30,000);

                (2) for the 2004-2005 school year, thirty-five thousand dollars ($35,000); and

                (3) for the 2005-2006 school year] forty thousand dollars ($40,000)."

     SECTION 4. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended) is amended to read:

     "22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS, COUNSELORS AND SCHOOL ADMINISTRATORS.--

          A. A level three-A license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates instructional leader competencies. If a level three-A teacher does not demonstrate essential competency in a given school year, the school district shall provide the teacher with additional professional development and peer intervention during the following school year. If by the end of that school year the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom.

          B. The department shall grant a level three-A license to an applicant who has been a level two teacher for at least three years and holds a post-baccalaureate degree or national board for professional teaching standards certification; demonstrates instructional leader competence as required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications for the license.

          C. With the adoption by the department of a highly objective uniform statewide standard of evaluation for level three-A teachers that shall include effective, appropriate and comprehensive use of relevant data, the minimum salary for a level three-A teacher for a standard nine and one-half month contract shall be [as follows:

                (1) for the 2003-2004 school year, thirty thousand dollars ($30,000);

                (2) for the 2004-2005 school year, thirty-five thousand dollars ($35,000);

                (3) for the 2005-2006 school year, forty thousand dollars ($40,000);

                (4) for the 2006-2007 school year, forty-five thousand dollars ($45,000); and

                (5) for the 2007-2008 school year] fifty thousand dollars ($50,000).

          D. A level three-B license is a nine-year license granted to a school administrator who meets the qualifications for that level. Licenses may be renewed upon satisfactory annual demonstration of instructional leader and administrative competency.

          E. The department shall grant a level three-B license to an applicant who:

                (1) holds a level two license and meets the requirements for a level three-A license or who holds a current level two teacher's license and, for at least four years, has held the highest-ranked counselor license as provided in [Chapter 22, Article 10A NMSA 1978] the School Personnel Act and rules promulgated by the department;

                (2) holds a post-baccalaureate degree or national board for professional teaching standards certification;

                (3) has satisfactorily completed department-approved courses in administration and a department-approved administration apprenticeship program; and

                (4) demonstrates instructional leader competence required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation.

          F. [Beginning with the 2007-2008 school year] The minimum annual salary for a level three-B school principal or assistant school principal shall be fifty thousand dollars ($50,000) multiplied by the applicable responsibility factor.

          G. [By the beginning of the 2008-2009 school year] The department shall adopt a highly objective uniform statewide standard of evaluation, which includes effective, appropriate and comprehensive use of relevant data sources linked to student achievement and educational plan for student success progress, for level three-B school principals and assistant school principals and rules for the implementation of that evaluation system linked to the level of responsibility at each school level."

     SECTION 5. Section 22-10A-19 NMSA 1978 (being Laws 2003, Chapter 153, Section 50, as amended) is amended to read:

     "22-10A-19. TEACHERS AND SCHOOL PRINCIPALS--ACCOUNTABILITY--EVALUATIONS--PROFESSIONAL DEVELOPMENT--PEER INTERVENTION--MENTORING.--

          A. The department shall adopt criteria and minimum highly objective uniform statewide standards of evaluation that shall include effective, appropriate and comprehensive use of relevant data for the annual performance evaluation of licensed school employees. The professional development plan for teachers shall include documentation on how a teacher who receives professional development that has been required or offered by the state or a school district or charter school incorporates the results of that professional development in the classroom.

          B. The local superintendent shall adopt policies, guidelines and procedures for the performance evaluation process. Evaluation by other school employees shall be one component of the evaluation tool for school administrators.

          C. As part of the highly objective uniform statewide standard of evaluation for teachers that includes effective, appropriate and comprehensive use of relevant data, the school principal shall observe each teacher's classroom practice to determine the teacher's ability to demonstrate state-adopted competencies.

          D. At the beginning of each school year, teachers and school principals shall devise professional development plans for the coming year, and performance evaluations shall be based in part on how well the professional development plan was carried out.

          E. If a level two or three-A teacher's performance evaluation indicates less than satisfactory performance and competency, the school principal may require the teacher to undergo peer intervention, including mentoring, for a period the school principal deems necessary. If the teacher is unable to demonstrate satisfactory performance and competency by the end of the period, the peer interveners may recommend termination of the teacher.

          F. At least every two years, school principals shall attend a training program approved by the department to improve their evaluation, administrative and instructional leadership skills."

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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