HOUSE BILL 241

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Jason C. Harper and Dennis J. Roch and Stephanie Garcia Richard and Craig W. Brandt and Christine Trujillo

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOL PERSONNEL; RESTRICTING THE USE OF TEACHER ATTENDANCE IN TEACHER EVALUATIONS.

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

     SECTION 1. 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--SICK LEAVE--PROFESSIONAL DEVELOPMENT--PEER INTERVENTION--MENTORING.--

          A. The department shall adopt criteria and minimum highly objective uniform statewide standards of evaluation 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. Unless precluded from consideration by a local school board policy, charter school governing council policy, administrative regulation or an applicable collective bargaining agreement, teacher attendance may be considered as part of a teacher's annual performance evaluation; provided, however, that a teacher's use of up to ten days of sick leave shall not affect a teacher's attendance record. The consideration of teacher attendance as part of a teacher's annual performance evaluation shall not include personal leave days. A teacher who uses sick leave for more than three consecutive days, with or without pay, shall submit documentation from a medical provider confirming the reason for the teacher's absence. An annual performance evaluation may reflect the lowest score with respect to teacher attendance for a teacher who is determined by a school district or charter school to be using sick leave days in a manner inconsistent with a local school board policy, charter school governing council policy, administrative regulation or an applicable collective bargaining agreement.

          C. As part of the highly objective uniform statewide standard of evaluation for teachers, 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."

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