HOUSE BILL 206

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Brian G. Baca and Raymundo Lara

 

 

 

 

 

AN ACT

RELATING TO PUBLIC EDUCATION; CREATING THE SECONDARY INSTRUCTORS ACT; ALLOWING THE LICENSURE AND CONTRACTING OF SECONDARY INSTRUCTORS; REQUIRING SATISFACTORY CLEARANCE OF FINGERPRINT-BASED BACKGROUND CHECKS; EXCLUDING CERTAIN SCHOOL PERSONNEL ACT PROVISIONS.

 

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Secondary Instructors Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Secondary Instructors Act:

          A. "contract for services" means an agreement between the local school board and a secondary instructor for the provision of services pursuant to the Secondary Instructors Act;

          B. "local school board" includes the governing body of a charter school;

          C. "school district" includes a charter school;

          D. "secondary instructor" means a person who:

                (1) has current licensure from the department as a secondary instructor; and

                (2) is not a current teacher or other school employee under the Public School Code;

          E. "services" includes teaching courses in which the secondary instructor has subject-matter expertise; and

          F. "subject-matter expertise" means the professional, technical or career expertise of a secondary instructor."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARD--SECONDARY INSTRUCTOR CONTRACT FOR SERVICES.--

          A. A local school board may enter into a contract for services with a secondary instructor.

          B. The contract for services shall provide that the secondary instructor render services to students in grades seven through twelve only.

          C. The amount of compensation to be received by the secondary instructor shall be a provision of the contract for services determined by the local school board.

          D. The secondary instructor shall provide services not to exceed one-half of a full-time teacher's workload. A local school board shall not have more than fifty percent of any school's classes taught by secondary instructors.

          E. The contract for services shall specify that the secondary instructor is ineligible for:

                (1) health plan benefits;

                (2) the accrual of service credit or employee or employer contributions under any coverage plan pursuant to the Educational Retirement Act, the Public Employees Retirement Act or the Deferred Compensation Act;

                (3) any compensation other than the amount specified in the contract for services; and

                (4) tenure under any law or rule or tenure under any agreement to which the secondary instructor is not an individually named party.

          F. The terms of the contract for services and any renewal of the contract for services shall not exceed one school year.

          G. A local school board may terminate the contract for services without cause at any time during the contract period.

          H. A local school board may include in the contract for services additional terms not in contravention of the Secondary Instructors Act."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SECONDARY INSTRUCTOR LICENSURE--TRAINING--MENTORSHIP.--

          A. The department may license as a secondary instructor a person who:

                (1) has earned at least a bachelor's degree;

                (2) has a minimum of three years' experience in each area of subject-matter expertise in which the secondary instructor will teach;

                (3) passes the New Mexico teacher assessments in each area of subject-matter expertise in which the secondary instructor will teach;

                (4) completes a department-approved pedagogy course provided by the department, a New Mexico public post-secondary educational institution, a school district or regional education cooperative in conjunction with a New Mexico public post-secondary educational institution or another provider approved by the department; and

                (5) meets any other requirements established by rule by the department to carry out the provisions of the Secondary Instructors Act.

          B. The department shall additionally provide training that includes:

                (1) training in general school technology and district-specific technology programs;

                (2) lesson planning; and

                (3) classroom management.

          C. The school district shall provide each secondary instructor with a mentor teacher who shall:

                (1) observe, supervise and provide guidance to the secondary instructor; and

                (2) continually hold mentoring sessions with the secondary instructor."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SCHOOL PERSONNEL ACT INAPPLICABLE EXCEPT FOR BACKGROUND CHECKS.--

          A. Secondary instructors shall satisfactorily clear a fingerprint-based background check in the same manner as licensed school employees pursuant to Section 22-10A-5 NMSA 1978.

          B. The School Personnel Act shall not apply to secondary instructors."

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