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

RELATING TO EDUCATION; AMENDING AND ENACTING CERTAIN SECTIONS OF THE PUBLIC SCHOOL CODE TO PROVIDE FOR NECESSARY IMPROVEMENTS AND REFORMS; PROVIDING PENALTIES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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] MERIT AWARDS.--

A. The department of education shall design a merit award program for elementary, middle and junior high schools. The department may promulgate rules to carry out the provisions of this section.

B. Each year a merit award of ten thousand dollars ($10,000) shall be awarded to one elementary, middle and junior high school. The merit award shall be distributed to the school that has achieved the greatest improvement in student achievement.

C. Each year a merit award of two thousand dollars ($2,000) shall be awarded to the top two percent of elementary, middle and junior high school teachers. The merit award shall be distributed to the teachers whose classes have achieved the greatest improvement in student achievement.

D. For purposes of this section, student achievement shall be measured by nationally standardized test scores and other criteria adopted by the department of education."

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

"[NEW MATERIAL] PARENTAL SUPERVISION--STUDENT EXPULSION--STUDENT SUSPENSION.--

A. If a student is expelled or suspended from a public school, the student's parent or legal guardian shall personally supervise that student until the student returns to school.

B. A parent or legal guardian who fails to maintain personal supervision pursuant to Subsection A of this section is guilty of a misdemeanor."

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

"[NEW MATERIAL] STUDENT READING REQUIREMENT.--A student who fails to read independently by the end of the third grade shall not be promoted to the fourth grade until the student reads independently."

Section 4. Section 22-2-8.2 NMSA 1978 (being Laws 1986, Chapter 33, Section 3, as amended) is amended to read:

"22-2-8.2. STAFFING PATTERNS--CLASS LOAD--TEACHING LOAD.--

A. The individual class load for elementary school teachers shall not exceed twenty students for kindergarten through grade two; provided that any teacher in [kindergarten] grade one or two with a class load of fifteen to twenty students shall be entitled to the assistance of an instructional assistant. The average class load for an elementary school teacher at an individual school shall not exceed twenty-two students for grades three through six.

[B. The average class load for elementary school teachers at an individual school shall not exceed twenty-two students when averaged among grades one, two and three; provided that any teacher in grade one with a class load of twenty-one or more shall be entitled to the full-time assistance of an instructional assistant.

C. Effective with the 1994-95 school year, the average class load for an elementary school teacher at an individual school shall not exceed twenty-four students when averaged among grades four, five and six.

D.] B. The daily teaching load per teacher for grades seven through twelve shall not exceed one hundred [sixty] twenty students [except the daily teaching load for teachers of required English courses in grades seven and eight shall not exceed one hundred thirty-five] with a maximum of [twenty-seven] twenty-five students per class in required English courses in grades seven and eight and the daily teaching load for teachers of required English courses in grades nine through twelve shall not exceed one hundred [fifty] thirty-five students with a maximum of [thirty] twenty-seven students per class.

[E.] C. Students receiving special education services integrated into a regular classroom for any part of the day shall be counted in the calculation of class load averages. Students receiving special education services not integrated into the regular classroom shall not be counted in the calculation of class load averages. Only classroom teachers charged with responsibility for the regular classroom instructional program shall be counted in determining average class loads. In elementary schools offering only one grade level, average class loads may be calculated by averaging appropriate grade levels between schools in the school district.

[F.] D. The state superintendent may waive the individual school class load requirements established in this section. Waivers shall be applied for annually and a waiver shall not be granted for more than two consecutive years. Waivers may only be granted if a school district demonstrates:

(1) no portable classrooms are available;

(2) no other available sources of funding exist to meet its need for additional classrooms;

(3) the district is planning alternatives to increase building capacity for implementation within one year; and

(4) the parents of all children affected by the waiver have been notified in writing:

(a) of the statutory class load requirements;

(b) that the school district has made a decision to deviate from these class load requirements; and

(c) of the school district plan to achieve compliance with the class load requirements.

[G.] E. If a waiver is granted pursuant to Subsection [F] D of this section to an individual school, the average class load for elementary school teachers at that school shall not exceed twenty students in grade one or two and shall not exceed [twenty-five] twenty-two students when averaged among grades [two] three, four, five and six.

[H.] F. Each school district shall report to the department of education the size and composition of classes subsequent to the fortieth day and the December 1 count. Failure to meet class load requirements within two years shall be justification for the disapproval of the school district's budget by the state superintendent.

[I.] G. The department of education shall report to the legislative education study committee by November 30 of each year regarding each school district's ability to meet class load requirements imposed by law.

[J.] H. Notwithstanding the provisions of Subsection [F] D of this section, the state board may waive the individual class load and teaching load requirements established in this section upon a demonstration of a viable alternative curricular plan and a finding by the state board that the plan is in the best interest of the school district and that, on an annual basis, the plan has been presented to and is supported by the affected teaching staff. The department of education shall evaluate the impact of each alternative curricular plan annually. Annual reports shall be made to the legislative education study committee.

[K. Effective with the 1987-88 school year]

I. Certified school instructors shall not be required to perform noninstructional duties except in emergency situations as defined by the state board. For purposes of this subsection, "noninstructional duties" means noon hall duty, noon ground duty and noon cafeteria duty."

Section 5. Section 22-2-8.7 NMSA 1978 (being Laws 1986, Chapter 33, Section 8, as amended) is amended to read:

"22-2-8.7. CERTIFICATION REQUIREMENTS.--

A. Except as otherwise provided in this section, the state board shall require [any] a person seeking certification in elementary and secondary education to complete the following minimum requirements in the college of arts and sciences:

(1) twelve hours in English;

(2) twelve hours in history, including American history and western civilization;

(3) six hours in mathematics;

(4) six hours in government, economics or sociology;

(5) twelve hours in science, including biology, chemistry, physics, geology, zoology and botany; and

(6) six hours in fine arts.

B. The state board shall require, prior to certification, no less than fourteen weeks of student teaching, a portion of which shall occur in the first thirty credit hours taken in the college of education and shall be under the direct supervision of a certified school instructor and a portion of which shall occur in the student's senior year with the student teacher being directly responsible for the classroom.

C. Nothing in this section shall preclude the state board from establishing or accepting equivalent requirements for purposes of reciprocal certification or minimum requirements for alternative certification. The state board may waive the requirements of Subsections A and B of this section if it determines that an applicant is otherwise qualified by reason of his education or training.

D. The requirements in Subsections A and B of this section shall apply to students first entering a college or university beginning in the fall of 1986.

E. Vocational teacher preparatory programs may be exempt from Subsections A and B of this section upon a determination by the state board that other certification requirements are more appropriate for vocational teacher preparatory programs."

Section 6. Section 22-10-14 NMSA 1978 (being Laws 1986, Chapter 33, Section 22, as amended) is amended to read:

"22-10-14. TERMINATION DECISIONS--LOCAL SCHOOL BOARD--GOVERNING AUTHORITY OF A STATE AGENCY--PROCEDURES.--

A. A local school board or governing authority of a state agency may terminate an employee with fewer than three years of consecutive service for any reason it deems sufficient. Upon request of the employee, the local superintendent or state agency administrator shall provide written reasons for the decision to terminate. The reasons shall be provided within ten working days of the request. The reasons shall not be publicly disclosed by the superintendent, administrator, local school board or governing authority. The reasons shall not provide a basis for contesting the decision under the School Personnel Act.

B. Before terminating a non-certified school employee, the local school board or governing authority shall serve the employee with a written notice of termination.

C. An employee who has been employed by a school district or state agency for three consecutive years and who receives a notice of termination pursuant to either Section 22-10-12 NMSA 1978 or this section may request an opportunity to make a statement to the local school board or governing authority on the decision to terminate him by submitting a written request to the local superintendent or state agency administrator within five working days from the date written notice of termination is served upon him. The employee may also request in writing the reasons for the action to terminate him. The local superintendent or state agency administrator shall provide written reasons for the notice of termination to the employee within five working days from the date the written request for a meeting and the written request for the reasons were received by the local superintendent or administrator. Neither the local superintendent or state agency administrator nor the local school board or governing authority shall publicly disclose its reasons for termination.

[D. A local school board or governing authority may not terminate an employee who has been employed by a school district or state agency for three consecutive years without just cause.

E.] D. The employee's request pursuant to Subsection C of this section shall be granted if he responds to the local superintendent's or state agency administrator's written reasons as provided in Subsection C of this section by submitting in writing to the local superintendent or state agency administrator a contention that the decision to terminate him was made without just cause. The written contention shall specify the grounds on which it is contended that the decision was without just cause and shall include a statement of the facts that the employee believes support his contention. This written statement shall be submitted within ten working days from the date the employee receives the written reasons from the local superintendent or state agency administrator. The submission of this statement constitutes a representation on the part of the employee that he can support his contentions and an acknowledgment that the local school board or governing authority may offer the causes for its decision and any relevant data in its possession in rebuttal of his contentions.

[F.] E. A local school board or governing authority shall meet to hear the employee's statement in no less than five or more than fifteen working days after the local school board or governing authority receives the statement. The hearing shall be conducted informally in accordance with the provisions of the Open Meetings Act. The employee and the local superintendent or state agency administrator may each be accompanied by a person of his choice. First, the superintendent shall present the factual basis for his determination that just cause exists for the termination of the employee, limited to those reasons provided to the employee pursuant to Subsection C of this section. Then, the employee shall present his contentions, limited to those grounds specified in Subsection [E] D of this section. The local school board or governing authority may offer such rebuttal testimony as it deems relevant. All witnesses may be questioned by the local school board or governing authority, the employee or his representative and the local superintendent or state agency administrator or his representative. The local school board or governing authority may consider only such evidence as is presented at the hearing and need consider only such evidence as it considers reliable. No record shall be made of the proceeding. The local school board or governing authority shall notify the employee and the local superintendent or state agency administrator of its decision in writing within five working days from the conclusion of the meeting."

Section 7. APPROPRIATION.--Eight hundred fifty thousand dollars ($850,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2001 to design and fund a merit award program for teachers and elementary, middle and junior high schools. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.

Section 8. APPROPRIATION.--

A. It is the intent of the legislature to increase the compensation level of teachers in grades one through twelve, special education teachers, early childhood development teachers and preschool teachers by two thousand five hundred dollars ($2,500) over the 2000-2001 compensation level. For purposes of this section, "compensation level" means the sum total of the remuneration received by a teacher in grades one through twelve, special education teachers, early childhood development teachers and preschool teachers inclusive of all benefits and any increments provided for additional experience and education.

B. Forty-eight million one hundred thirty thousand dollars ($48,130,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2001 for the purpose of increasing the compensation level of each teacher in grades one through twelve, special education teachers, early childhood development teachers and preschool teachers by two thousand five hundred dollars ($2,500), inclusive of the teachers' contribution to social security pursuant to the Federal Insurance Contribution Act, the required contribution pursuant to the Educational Retirement Act and any salary increments for teachers in grades one through twelve, special education teachers, early childhood development teachers and preschool teachers.

C. Salary increases funded pursuant to Subsection B of this section shall become a part of the base salary for teachers in grades one through twelve, special education teachers, early childhood development teachers and preschool teachers and be incorporated into the public school equalization distribution in subsequent years.

D. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.

Section 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.