HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
HOUSE BILL 304
46th legislature - STATE OF NEW MEXICO - second session, 2004
AN ACT
RELATING TO SCHOOL PERSONNEL; PROVIDING A THREE-TIERED CAREER LICENSING FRAMEWORK FOR EDUCATIONAL ASSISTANTS; PROVIDING FOR MINIMUM SALARIES OF EDUCATIONAL ASSISTANTS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] EDUCATIONAL ASSISTANTS--THREE-TIERED LICENSING FRAMEWORK--QUALIFICATIONS--MINIMUM SALARIES.--
A. Beginning July 1, 2004, an applicant for a level one educational assistant license shall:
(1) be at least eighteen years of age;
(2) have a high school diploma or its equivalent;
(3) show satisfactory evidence of having completed a school district-level orientation; and
(4) pass a department-approved assessment for paraprofessionals.
B. A level one educational assistant license is a nine-year renewable license for educational assistants that requires an annual intensive performance evaluation by a teacher or school administrator and professional development approved by the department for the first three years; thereafter, license holders annually must demonstrate essential competency to perform their duties and meet professional development requirements of the department. An educational assistant must be employed as a level one educational assistant for at least three full school years before applying for a higher level of license.
C. Beginning July 1, 2004, an applicant for a level two educational assistant license shall:
(1) meet the requirements for a level one license and have been licensed and employed as a level one educational assistant for at least three full school years;
(2) show satisfactory evidence of having completed a school district-level orientation; and
(3) have completed at least forty-eight semester hours of post-secondary non-remedial credit awarded by an accredited college or university that includes at least fifteen semester hours in basic skills and assisting in the classroom.
D. A level two educational assistant license is a nine-year renewable license for educational assistants who annually demonstrate essential competency to perform their duties and who meet professional development requirements of the department. An educational assistant must be employed as a level two educational assistant for at least three full school years before applying for a higher level of license.
E. Beginning July 1, 2004, an applicant for a level three-A educational assistant license shall:
(1) meet the requirements for a level two license and have been licensed and employed as a level two educational assistant for at least three full school years;
(2) show satisfactory evidence of having completed a school district-level orientation; and
(3) have an associate degree from an accredited college or university that includes at least fifteen semester hours in non-remedial degree course work in basic skills and assisting in the classroom.
F. A level three-A educational assistant license is a nine-year renewable license for educational assistants who annually demonstrate essential competency to perform their duties and who meet professional development requirements of the department.
G. Beginning July 1, 2004, an applicant for a level three-B educational assistant license shall:
(1) meet the requirements for a level two license and have been licensed and employed as a level two or level three-A educational assistant for at least three full school years; and
(2) hold a bachelor's or higher degree from an accredited college or university.
H. A level three-B educational assistant license is a nine-year renewable license for educational assistants who annually demonstrate essential competency to perform their duties and who meet professional development requirements of the department.
I. The minimum salary for each licensure level is:
(1) for level one educational assistants, twelve thousand dollars ($12,000), effective in the 2004-2005 school year;
(2) for level two educational assistants, fifteen thousand dollars ($15,000), effective in the 2005-2006 school year;
(3) for level three-A educational assistants, twenty thousand dollars ($20,000), effective in the 2006-2007 school year; and
(4) for level three-B educational assistants, twenty-five thousand dollars ($25,000), effective in the 2007-2008 school year.
J. Beginning July 1, 2004, all applicants for educational assistant licensure must meet the requirements of the level of licensure for which they are applying as provided in Subsections A through I of this section. Persons holding valid licenses on June 29, 2004 shall be allowed a grace period for meeting the requirements of this section as provided in Subsections K and L of this section.
K. On June 30, 2004, educational assistants holding a valid level three license shall be reissued new level one, two, three A or three B licenses depending upon the license for which they qualify.
L. By July 1, 2005, all educational assistants except those holding new licenses pursuant to Subsection A or B of this section shall apply for new licenses and must meet the requirements for licensure for the which they apply."
Section 2. APPROPRIATION.--Eight million two hundred ten thousand dollars ($8,210,000) is appropriated from the general fund to the state equalization guarantee distribution for expenditure in fiscal year 2005 to fund the first year of the educational assistant licensure framework and to bring all educational assistants up to a minimum salary of twelve thousand dollars ($12,000). Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall not revert to the general fund.
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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