HOUSE BILL 120

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Tomás E. Salazar and Christine Trujillo and Joy Garratt

and Derrick J. Lente

AN ACT

RELATING TO HIGHER EDUCATION; ENACTING THE BILINGUAL TEACHER PREPARATION ACT; PROVIDING POWERS AND DUTIES; PROVIDING FOR APPLICANT QUALIFICATIONS; ALLOWING FOR LOANS; PROVIDING FOR REPAYMENT THROUGH SERVICE FOR LOANS; CREATING A FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Bilingual Teacher Preparation Act"."

     SECTION 2. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PURPOSE.--The purpose of the Bilingual Teacher Preparation Act is to provide for the establishment, operation, expansion and improvement of teacher preparation programs for college of education students or educational personnel who want license endorsement to teach English language learners, particularly Hispanic or American Indian students, or bilingual multicultural education."

     SECTION 3. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Bilingual Teacher Preparation Act:

          A. "bilingual multicultural education program" means a program using two languages, including English and the home or heritage language of a student, as a medium of instruction in the teaching and learning process;

          B. "department" means the higher education department;

          C. "speakers of other languages" means students whose first or heritage language is not English and who are unable to read, write, speak or understand English at a level comparable to grade level English proficient peers and native English speakers; and

          D. "teacher preparation program" means a bachelor's, master's or doctoral degree program at a New Mexico public post-secondary educational institution that leads to license endorsements in teaching English to speakers of other languages or bilingual multicultural education."

     SECTION 4. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEPARTMENT POWERS--GRANTS--ELIGIBLE APPLICANTS--PREFERENCES.--

          A. The department shall promulgate rules to implement the provisions of the Bilingual Teacher Preparation Act.

          B. The department may provide loans to teacher preparation students seeking license endorsements or degrees in teaching English to speakers of other languages or bilingual multicultural education.

          C. In making loans, the department shall give preference to teacher preparation programs that contain coursework in:

                (1) Spanish or a tribal language;

                (2) teaching English to speakers of other languages;

                (3) use of a language other than English for instructional purposes;

                (4) the development of cultural proficiency in working with New Mexico's majority-minority public school population, particularly Hispanic and American Indian students;

                (5) educational leadership for teachers who hold English language learner or bilingual license endorsement; and

                (6) instructional methods and techniques that have proven effective in second-language acquisition that meet rigorous content standards and are effective in teacher preparation program students successfully completing college with teaching English to speakers of other languages or bilingual multicultural license endorsement.

          D. Training programs that focus on bilingual multicultural education shall be designed to ensure that participants become proficient in English and a second language of instruction and develop proficiency to work with culturally and linguistically diverse students in New Mexico."

     SECTION 5. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOANS--PRIORITIES--REPAYMENT.--

          A. The department may make loans to New Mexico residents who are teacher preparation students at the baccalaureate or graduate level studying to teach English to speakers of other languages or bilingual multicultural education who agree to teach speakers of other languages or bilingual multicultural education in a New Mexico public school.

          B. Loans shall be sufficient to pay the cost of tuition, fees and instructional materials. Students shall enter into a contract with the department. The contract shall be in the same form and follow the same procedures as contracts for teacher loans for service pursuant to the Teacher Loan for Service Act. As part of the contract, the loan recipient shall agree to repay the amount of the loan, plus interest at the same rate as other teacher loan programs in the department, or agree to work for a period the equivalent of which is one public school year of service for two consecutive semesters of college, not including summer sessions.

          C. The priorities shall be to:

                (1) students entering teacher preparation programs who received the New Mexico seal of bilingualism- biliteracy on their high school diploma of excellence;

                (2) students who are currently employed as teachers, instructional assistants or other support staff in classrooms serving predominantly American Indian students or classrooms of bilingual multicultural education programs;

                (3) native language speakers who are teaching under a Native American language and cultural certificate who are working toward a degree in education or native language speakers who are seeking to teach with a certificate and who want to take pedagogical courses; and

                (4) students who have demonstrated proficiency in one of New Mexico's indigenous languages or the Spanish language and who want to become bilingual teachers."

     SECTION 6. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FUND CREATED--METHOD OF PAYMENT.--The "bilingual teacher preparation fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, bequests and income from investment of the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department for making loans pursuant to the Bilingual Teacher Preparation Act. Payments from the fund shall be on warrant issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designated representative."

     SECTION 7. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] REPORTS.--

          A. The department, in consultation with the public education department, shall conduct and publish a biennial survey of all local education agencies in the state to report on the number of teachers and other school-based professionals they currently employ who are:

                (1) endorsed in teaching English to speakers of other languages or bilingual multicultural education or both; and

                (2) for educational personnel with certification in bilingual multicultural education, the languages other than English in which they are certified.

          B. The survey shall also ask public schools and regional education cooperatives to report the number of additional teachers and other school-based professionals they currently need, if any, and expect to need in the following year in each of these endorsement categories and languages to effectively serve all of the speakers of other languages they enroll or expect to enroll in the following year.

          C. The department, in consultation with the public education department, shall conduct and publish a biennial survey of all public post-secondary educational institutions that offer courses, certificates or degrees in education. The report shall include:

                (1) the number of students enrolled in the past two years in all education classes and programs;

                (2) the number of students completing requirements for a degree in education or teaching English to speakers of other languages or bilingual multicultural education license endorsement in the past two years; or

                (3) the number of students completing requirements for a degree or state teaching license endorsement in the past two years in teaching English to speakers of other languages or teaching bilingual multicultural education.

          D. Each public post-secondary educational institution shall submit to the department and the professional licensure bureau of the public education department an annual plan to meet the needs of New Mexico's culturally and linguistically diverse student population, by including:

                (1) increases in the number of faculty with expertise in:

                     (a) teaching English to speakers of other languages;

                     (b) Hispanic education;

                     (c) American Indian education;

                     (d) speaking a New Mexico tribal language; or

                     (e) bilingual multicultural education;

                (2) measurable goals to fill the gap between the number of teacher education students who have graduated and have a teaching English to speakers of other languages or bilingual multicultural education license endorsement and the number of kindergarten through twelfth grade public school students identified as speakers of other languages or who participate in bilingual multicultural education programs; or

                (3) specific strategies to recruit, counsel and retain teacher education students who are working toward license endorsement for teaching English to speakers of other languages or bilingual multicultural education."

     SECTION 8. APPROPRIATION.--Five million dollars ($5,000,000) is appropriated from the general fund to the bilingual teacher preparation fund for expenditure in fiscal year 2020 and subsequent fiscal years to provide loans as provided in the Bilingual Teacher Preparation Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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