46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PUBLIC SCHOOLS; ENACTING THE SCHOOL DIFFERENTIAL PAY ACT; PROVIDING FOR DIFFERENTIAL PAY FOR QUALIFYING TEACHERS WHO FILL VACANCIES IN CERTAIN ELEMENTARY SCHOOLS; 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.--Sections 1 through 4 of this act may be cited as the "School Differential Pay Act"."

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

"[NEW MATERIAL] PURPOSE.--The purpose of the School Differential Pay Act is to address the shortage of qualified teachers in elementary schools that have high populations of low-income students by providing differential pay incentives to teachers with master's degrees who agree to teach in those schools."

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

"[NEW MATERIAL] DEFINITIONS.--As used in the School Differential Pay Act:

A. "differential pay" means the amount a school district pays in addition to the salary a qualifying teacher receives in accordance with existing training and experience salary standards of the school district and the qualifying school where he is hired to teach;

B. "qualifying school" means a public elementary school in which at least ninety percent of students receive free or reduced-fee lunches; and

C. "qualifying teacher" means a certified school instructor who holds a master's degree."

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

"[NEW MATERIAL] DIFFERENTIAL PAY--CHANGING SCHOOLS--DISTRIBUTIONS.--

A. A school district may provide differential pay of three thousand dollars ($3,000) a year for no more than four years to a qualifying teacher who is hired to fill a teaching vacancy at a qualifying school. Differential pay is paid at the same time and in the same manner as salary, and if a qualifying teacher does not complete a school year, any remaining differential pay that would have been owed shall not be paid.

B. A qualifying teacher shall continue to receive differential pay within the four-year period of eligibility if he remains at the qualifying school.

C. The department of education shall distribute differential pay appropriations to participating school districts in proportion to the number of qualifying schools and qualifying teachers."

Section 5. Section 22-10-11 NMSA 1978 (being Laws 1967, Chapter 16, Section 113, as amended) is amended to read:

"22-10-11. EMPLOYMENT CONTRACTS--DURATION.--

A. All employment contracts between local school boards and certified school personnel and between governing authorities of state agencies and certified school instructors shall be in writing on forms approved by the state board. These forms shall contain and specify the term of service, the salary to be paid, the method of payment, the causes for termination of the contract and other provisions required by the [regulations] rules of the state board.

B. All employment contracts between local school boards and certified school personnel and between governing authorities of state agencies and certified school instructors shall be for a period of one school year except:

(1) contracts for less than one school year are permitted to fill personnel vacancies [which] that occur during the school year;

(2) contracts for the remainder of a school year are permitted to staff programs when the availability of funds for the programs is not known until after the beginning of the school year;

(3) contracts for less than one school year are permitted to staff summer school programs and to staff federally funded programs in which the federally approved programs are specified to be conducted for less than one school year;

(4) contracts not to exceed three years are permitted for certified school administrators in public schools who are engaged in administrative functions for more than one-half of their employment time; [and]

(5) contracts not to exceed three years are permitted at the discretion of the local school board for certified school instructors in public schools who have been employed in the school district for three consecutive school years; and

(6) contracts for four years are permitted for teachers who receive differential pay pursuant to the School Differential Pay Act.

C. Persons employed under contracts for periods of less than one school year as provided in Paragraphs (1) and (2) of Subsection B of this section shall be accorded all the duties, rights and privileges of the [Certified] School Personnel Act.

D. In determination of eligibility for unemployment compensation rights and benefits for certified school instructors where those rights and benefits are claimed to arise from the employment relationship between governing authorities of state agencies or local school boards and certified school instructors, that period of a year not covered by a school year shall not be considered an unemployment period.

E. Except as provided in Section 22-10-12 NMSA 1978, a person employed by contract pursuant to this section has no legitimate objective expectancy of reemployment, and no contract entered into pursuant to this section shall be construed as an implied promise of continued employment pursuant to a subsequent contract."

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 2004 to distribute differential pay to school districts offering differential pay to qualifying teachers. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund."