0001|                         HOUSE BILL 452
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                       DANICE R. PICRAUX
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     AMENDING SECTION 22-2-8.2 NMSA 1978 (BEING LAWS 1986, CHAPTER
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0013|     33, SECTION 3, AS AMENDED) TO ESTABLISH A MAXIMUM CLASS SIZE FOR
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0014|     ELEMENTARY SCHOOL TEACHERS.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 22-2-8.2 NMSA 1978 (being Laws 1986,
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0018|     Chapter 33, Section 3, as amended) is amended to read:
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0019|       "22-2-8.2.  STAFFING PATTERNS--CLASS LOAD--TEACHING LOAD.--
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0020|            A.  The individual class load for elementary school
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0021|     teachers shall not exceed twenty students for kindergarten;
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0022|     provided that any teacher in kindergarten with a class load of
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0023|     fifteen to twenty students shall be entitled to the assistance
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0024|     of an instructional assistant.
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0025|            B.  The average class load for elementary school
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0001|     teachers at an individual school shall not exceed twenty-two
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0002|     students when averaged among grades one, two and three; provided
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0003|     that any teacher in grade one with a class load of twenty-one or
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0004|     more shall be entitled to the full-time assistance of an
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0005|     instructional assistant; <u>and further provided that the
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<u></u>0006| <u>    individual class load for an elementary school teacher for
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<u></u>0007| <u>    grades one, two or three shall not exceed twenty-five students</u>.
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0008|            C. <s>[Effective with the 1994-95 school year]</s> The
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0009|     average class load for an elementary school teacher at an
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0010|     individual school shall not exceed twenty-four students when
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0011|     averaged among grades four, five and six; <u>provided that the
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<u></u>0012| <u>    individual class load for an elementary school teacher for
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<u></u>0013| <u>    grades four, five or six shall not exceed twenty-five students</u>.
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0014|            D.  The daily teaching load per teacher for grades
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0015|     seven through twelve shall not exceed one hundred sixty
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0016|     students, except the daily teaching load for teachers of
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0017|     required English courses in grades seven and eight shall not
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0018|     exceed one hundred thirty-five with a maximum of twenty-seven
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0019|     students per class and the daily teaching load for teachers of
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0020|     required English courses in grades nine through twelve shall not
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0021|     exceed one hundred fifty students with a maximum of thirty
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0022|     students per class.
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0023|            E.  Students receiving special education services
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0024|     integrated into a regular classroom for any part of the day
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0025|     shall be counted in the calculation of class load averages. 
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0001|     Students receiving special education services not integrated
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0002|     into the regular classroom shall not be counted in the
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0003|     calculation of class load averages.  Only classroom teachers
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0004|     charged with responsibility for the regular classroom
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0005|     instructional program shall be counted in determining average
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0006|     class loads.  In elementary schools offering only one grade
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0007|     level, average class loads may be calculated by averaging
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0008|     appropriate grade levels between schools in the school district. 
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0009|            F.  The state superintendent may waive the individual
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0010|     school class load requirements established in this section. 
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0011|     Waivers shall be applied for annually, and a waiver shall not be
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0012|     granted for more than two consecutive years.  Waivers may only
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0013|     be granted if a school district demonstrates <u>that</u>:
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0014|                 (1)  no portable classrooms are available;
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0015|                 (2)  no other available sources of funding exist
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0016|     to meet its need for additional classrooms;
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0017|                 (3)  the district is planning alternatives to
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0018|     increase building capacity for implementation within one year;
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0019|     and
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0020|                 (4)  the parents of all children affected by the
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0021|     waiver have been notified in writing:
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0022|                      (a)  of the statutory class load
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0023|     requirements;
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0024|                      (b)  that the school district has made a
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0025|     decision to deviate from these class load requirements; and
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0001|                      (c)  of the school district plan to
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0002|     achieve compliance with the class load requirements.
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0003|            G.  If a waiver is granted pursuant to Subsection F
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0004|     of this section to an individual school, the average class load
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0005|     for elementary school teachers at that school shall not exceed
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0006|     twenty students in grade one and shall not exceed twenty-five
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0007|     students when averaged among grades two, three, four, five and
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0008|     six.
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0009|            H.  Each school district shall report to the
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0010|     department of education the size and composition of classes
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0011|     subsequent to the fortieth day and the December 1 count. 
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0012|     Failure to meet class load requirements within two years shall
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0013|     be justification for the disapproval of the school district's

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0014|     budget by the state superintendent.
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0015|            I.  The department of education shall report to the
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0016|     legislative education study committee by November 30 of each
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0017|     year regarding each school district's ability to meet class load
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0018|     requirements imposed by law.
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0019|            J.  Notwithstanding the provisions of Subsection F of
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0020|     this section, the state board may waive the individual class
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0021|     load and teaching load requirements established in this section
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0022|     upon a demonstration of a viable alternative curricular plan and
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0023|     a finding by the state board that the plan is in the best
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0024|     interest of the school district and that, on an annual basis,
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0025|     the plan has been presented to and is supported by the affected
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0001|     teaching staff.  The department of education shall evaluate the
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0002|     impact of each alternative curricular plan annually.  Annual
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0003|     reports shall be made to the legislative education study
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0004|     committee.
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0005|            K. <s>[Effective with the 1987-88 school year]</s>
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0006|     Certified school instructors shall not be required to perform
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0007|     noninstructional duties except in emergency situations as
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0008|     defined by the state board.  For purposes of this subsection,
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0009|     "noninstructional duties" means noon hall duty, noon ground duty
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0010|     and noon cafeteria duty."
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0011|                              
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0012|     
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