HOUSE BILL 310

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Alonzo Baldonado and James E. Smith

and Sharon Clahchischilliage

 

 

 

 

AN ACT

RELATING TO SCHOOL PERSONNEL; INCREASING STATUTORY MINIMUM SALARIES FOR LEVEL ONE, LEVEL TWO AND LEVEL THREE-A TEACHERS; PROVIDING FOR PAY INCREASES FOR TEACHERS AND SCHOOL STAFF; PROVIDING FOR TEACHER RECRUITMENT INITIATIVES; MAKING APPROPRIATIONS.

 

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

     SECTION 1. 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] The minimum salary for a level one teacher shall be [thirty thousand dollars ($30,000)] thirty-eight thousand dollars ($38,000) 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 2. 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] 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)] forty-four thousand dollars ($44,000)."

     SECTION 3. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended by Laws 2015, Chapter 74, Section 1 and by Laws 2015, Chapter 103, Section 1) is amended to read:

     "22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS.--

          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] The minimum salary for a level three-A teacher for a standard nine and one-half month contract shall be [fifty thousand dollars ($50,000)] fifty-four thousand dollars ($54,000).

          D. The minimum salary for a counselor who holds a level three or three-A license as provided in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection C of this section."

     SECTION 4. APPROPRIATION.--Thirty-one million two hundred seventy-six thousand one hundred sixty-seven dollars ($31,276,167) is appropriated from the general fund to the state equalization guarantee distribution for expenditure in fiscal year 2019 to provide an average two and one-half percent salary increase for all licensed teachers whose primary duty is classroom instruction, effective July 1, 2018. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

     SECTION 5. APPROPRIATION.--Fourteen million one hundred forty-three thousand one hundred eighty-four dollars ($14,143,184) is appropriated from the general fund to the state equalization guarantee distribution for expenditure in fiscal year 2019 to provide an average two percent salary increase for all instructional staff and other licensed and unlicensed staff who are not licensed teachers with a primary duty of classroom instruction, effective July 1, 2018. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

     SECTION 6. APPROPRIATION.--Twenty-one million one hundred seventy-four thousand three hundred eight dollars ($21,174,308) is appropriated from the general fund to the state equalization guarantee distribution for expenditure in fiscal year 2019 to increase the statutory minimum salaries for level one, level two and level three-A teachers. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

     SECTION 7. APPROPRIATION.--Five million dollars ($5,000,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2019 to distribute to school districts and charter schools to design and implement teacher recruitment initiatives. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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