44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO TEACHER COMPENSATION; CREATING A PILOT PROJECT TO ASSESS THE EFFICACY OF A TEACHER INCENTIVE PAY PLAN; PROVIDING POWERS AND DUTIES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. TEACHER INCENTIVE PAY PILOT PROJECT--BOARD DUTIES.--

A. The state board of education shall establish the "teacher incentive pay pilot project" that shall operate for the 2000-2001 through 2004-2005 school years. The state board shall design the pilot project in accordance with the provisions of Sections 2 through 4 of this act.

B. The state board of education shall appoint a professional educators council to design and assist the state department of public education in the implementation of the teacher incentive pay pilot project.

C. The state board of education shall review, approve and adopt the teacher incentive pay pilot project upon the recommendations of the professional educators council.

D. The state board of education may promulgate rules to implement the teacher incentive pay pilot project.

Section 2. TEACHER INCENTIVE PAY PILOT PROJECT-- COMPOSITION--DUTIES OF THE PROFESSIONAL EDUCATORS COUNCIL.--

A. The professional educators council shall consist of fifteen practicing teachers from elementary, middle and high schools. The council shall represent various grade levels, academic specializations and the state's geographic and ethnic makeup.

B. At least one-third of the professional educators council members shall be practicing teachers certified by the national board for professional teaching standards.

C. Two members of the professional educators council shall be practicing teachers jointly appointed by the New Mexico national education association and the federation of education employees.

D. The professional educators council shall be responsible for the following tasks and shall submit them to the state board of education for approval:

(1) developing criteria for the selection of the teacher incentive pay pilot project that include benchmarks and outcomes to be achieved by the pilot project;

(2) selecting not more than thirty schools to participate in the teacher incentive pay pilot project that will operate from fiscal years 2001 to 2005;

(3) designing the teacher incentive pay pilot project that rewards teachers for outstanding student performance and includes:

(a) a peer assistance, intervention and evaluation system;

(b) assessment and accountability measures to evaluate the effectiveness of the pilot project; and

(c) a professional development framework that provides assistance to the participating schools for the implementation and operation of the pilot project; and

(4) providing recommendations on teacher professional development to the state board of education to include in the teacher professional development framework pursuant to the provisions of Section 22-2-2 NMSA 1978.

Section 3. TEACHER INCENTIVE PAY PILOT PROJECT-- APPLICATION PROCESS.--

A. An elementary public school or elementary charter school may submit an application to the state department of public education to participate in the teacher incentive pay pilot project if seventy-five percent of the certified school instructors agree to participate.

B. A public middle, junior high or high school or charter school may submit an application to the state department of public education to participate in the teacher incentive pay pilot project if seventy-five percent of the certified school instructors from each content area division or grade level team agree to participate.

C. A school applying to participate in the teacher incentive pay pilot project shall submit a plan to the professional educators council. The plan shall:

(1) provide evidence that the plan supports the district's educational plan for student success;

(2) provide rewards to teachers for outstanding student performance and for teacher growth, development, skill and knowledge acquisition;

(3) provide factors to attract, retain and motivate the highest qualified teachers;

(4) ensure teacher involvement and participation in the development, evaluation and reward process;

(5) provide a breakdown of sufficient funds needed to receive professional development and other assistance, including materials, expert consultants and time to plan and collaborate for the success of the implementation of the pilot project;

(6) include an evaluation component that includes pre- and post-test results to measure student progress;

(7) indicate the support and resources provided by the school in the preparation and implementation of the pilot project;

(8) provide general pay, responsibility pay or incentive pay; and

(9) include additional components as determined by the council and recommended to the state board of education for approval.

Section 4. TEACHER INCENTIVE PAY PILOT PROJECT--DEPARTMENT DUTIES.--For purposes of the teacher incentive pay pilot project, the state department of public education shall have the following duties:

A. provide staff for the professional educators council;

B. provide professional development and assistance to the participating schools for the implementation and operation of the teacher incentive pay pilot project;

C. report annually to the governor and the legislature on the teacher incentive pay pilot project, including evaluation of the pilot project and recommendations; and

D. submit a final report, including any recommendations for proposed legislation, to the legislature and governor by November 2005.

Section 5. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal years 2000 through 2005 for the purpose of designing and funding the teacher incentive pay pilot project. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.