45th legislature - STATE OF NEW MEXICO - SECOND session, 2002

RELATING TO PUBLIC SCHOOLS; ENACTING THE TEACHER INCENTIVE PAY ACT; PROVIDING FOR IMPLEMENTATION AND ADMINISTRATION OF A TEACHER INCENTIVE PAY PROGRAM; MAKING AN APPROPRIATION.

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 "Teacher Incentive Pay Act"."

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

"[NEW MATERIAL] PURPOSE.--The purpose of the Teacher Incentive Pay Act is to address New Mexico's teacher shortage by providing qualified elementary teachers with incentives to teach at elementary schools where a minimum of ninety percent of the students are eligible to receive free or reduced-fee lunches."

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

"[NEW MATERIAL] DEFINITIONS.--As used in the Teacher Incentive Pay Act:

A. "employment contract" means a five-year employment agreement entered into between the teacher recipient and the elementary school where the teacher recipient is hired to teach pursuant to the Teacher Incentive Pay Act;

B. "incentive pay" means the portion of money that a teacher recipient receives above his base salary pursuant to the Teacher Incentive Pay Act; and

C. "teacher recipient" means an elementary school teacher who has entered into an employment contract with an elementary school pursuant to the Teacher Incentive Pay Act."

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

"[NEW MATERIAL] TEACHER INCENTIVE PAY PROGRAM-- APPLICATION ELIGIBILITY.--

A. The department of education shall establish a teacher incentive pay program through the 2010-2011 school year at elementary schools where ninety percent or more of the students are eligible to receive free or reduced-fee lunches.

B. The teacher incentive pay program shall authorize the hiring of teachers to fill teaching vacancies at elementary schools where ninety percent or more of the students are eligible to receive free or reduced-fee lunches during the 2002-2003, 2006-2007 and 2011-2012 school years. A teacher hired to fill a vacancy pursuant to this subsection shall receive incentive pay of three thousand dollars ($3,000) above the salary that the teacher would otherwise be entitled to receive in accordance with existing training and experience salary standards of the school district and the elementary school where the teacher is hired to teach.

C. The incentive pay as provided in Subsection B of this section shall be provided to a teacher who:

(1) holds a master's degree plus fifteen additional credit hours; and

(2) signs an employment contract pursuant to the Teacher Incentive Pay Act."

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

"[NEW MATERIAL] FAILURE TO COMPLETE TERMS OF CONTRACT.--

A. A teacher recipient who fails to complete five years of service as provided in his employment contract shall:

(1) repay to the state all incentive pay received by the teacher recipient up to the date of the contract termination; or

(2) in consultation with the department of education, establish alternative terms of repayment or service deemed sufficient by the department.

B. The elementary school where the teacher recipient is hired to teach pursuant to the Teacher Incentive Pay Act may cancel a contract between it and a teacher recipient for any reasonable cause."

Section 6. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2003 to carry out the purposes of the Teacher Incentive Pay Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.