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F I S C A L I M P A C T R E P O R T

SPONSOR:	Komadina, S.		DATE TYPED:	3/13/03		HB
SHORT TITLE:		Eliminating School Employee Tenure				SB	86
					ANALYST:		Segura

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY03	FY04	FY03	FY04
	NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

State Department of Education (SDE)

SUMMARY

Synopsis of Bill

Senate Bill 86 would eliminate tenure for all school employees whether licensed or unlicensed.

Significant Issues

According to SDE, by eliminating tenure, the bill departs from the established structure that licensed school employees who faithfully stay at their jobs and perform competently have a reasonable expectation of continued employment, have a property interest in that employment and may only be prevented from renewed employment if there is just cause.

The SDE sites Section 22-10-9 NMSA 1978, that deems licensees to be members of a profession with attendant rights, responsibilities and privileges usually accorded to such professionals.

FISCAL IMPLICATIONS

Senate Bill 86 does not contain an appropriation.

ADMINISTRATIVE IMPLICATIONS

If Senate Bill 86 is enacted SDE and local school districts would administer the intent of the legislation.

CONFLICT

Senate Bill 86 conflicts with Section 22-10-9 NMSA 1978 of the Public School Code.

RS/yr