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AN ACT

RELATING TO SCHOOL PERSONNEL; CHANGING THE CALCULATION FOR

MINIMUM SALARIES OF SCHOOL PRINCIPALS AND ASSISTANT SCHOOL

PRINCIPALS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-10A-2 NMSA 1978 (being Laws 1975,

Chapter 306, Section 2, as amended) is amended to read:

"22-10A-2. DEFINITIONS.--As used in the School

Personnel Act:

A. "discharge" means the act of severing the

employment relationship with a certified school employee prior

to the expiration of the current employment contract;

B. "responsibility factor" means a value of 1.20

for an elementary school principal, 1.40 for a middle school

or junior high school principal, 1.60 for a high school

principal, 1.10 for an assistant elementary school principal,

1.15 for an assistant middle school or assistant junior high

school principal and 1.25 for an assistant high school

principal;

C. "state agency" means any state institution or

state agency providing an educational program requiring the

employment of certified school instructors;

D. "sabbatical leave" means leave of absence with

pay as set by the local school board or governing authority of

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a state agency during all or part of a regular school term for

purposes of study or travel related to the staff member's

duties and of direct benefit to the instructional program;

E. "terminate" means, in the case of a certified

school employee, the act of not reemploying an employee for

the ensuing school year and, in the case of a noncertified

school employee, the act of severing the employment

relationship with the employee;

F. "working day" means every calendar day,

excluding Saturday, Sunday or legal holiday; and

G. "just cause" means a reason that is rationally

related to an employee's competence or turpitude or the proper

performance of the employee's duties and that is not in

violation of the employee's civil or constitutional rights."

Section 2. Section 22-10A-11 NMSA 1978 (being Laws

2003, Chapter 153, Section 42, as amended by Laws 2005,

Chapter 315, Section 8 and by Laws 2005, Chapter 316, Section

5) is amended to read:

"22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS

AND SCHOOL ADMINISTRATORS.--

A. A level three-A license is a nine-year license

granted to a teacher who meets the qualifications for that

level and who annually demonstrates instructional leader

competencies. If a level three-A teacher does not demonstrate

essential competency in a given school year, the school

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district shall provide the teacher with additional

professional development and peer intervention during the

following school year. If by the end of that school year the

teacher fails to demonstrate essential competency, a school

district may choose not to contract with the teacher to teach

in the classroom.

B. The department shall grant a level three-A

license to an applicant who has been a level two teacher for

at least three years and holds a post-baccalaureate degree or

national board for professional teaching standards

certification; demonstrates instructional leader competence as

required by the department and verified by the local

superintendent through the highly objective uniform statewide

standard of evaluation; and meets other qualifications for the

license.

C. With the adoption by the department of a highly

objective uniform statewide standard of evaluation for level

three-A teachers, the minimum salary for a level three-A

teacher for a standard nine and one-half month contract shall

be as follows:

(1) for the 2003-2004 school year, thirty

thousand dollars ($30,000);

(2) for the 2004-2005 school year, thirty-

five thousand dollars ($35,000);

(3) for the 2005-2006 school year, forty

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thousand dollars ($40,000);

(4) for the 2006-2007 school year, forty-

five thousand dollars ($45,000); and

(5) for the 2007-2008 school year, fifty

thousand dollars ($50,000).

D. A level three-B license is a nine-year license

granted to a school administrator who meets the qualifications

for that level. Licenses may be renewed upon satisfactory

annual demonstration of instructional leader and

administrative competency.

E. The department shall grant a level three-B

license to an applicant who has been a level three-A teacher

for at least one year, has satisfactorily completed

department-approved courses in administration and a

department-approved administration apprenticeship program and

demonstrates instructional leader competence required by the

department and verified by the local superintendent through

the highly objective uniform statewide standard of evaluation.

F. Beginning with the 2007-2008 school year, the

minimum annual salary for a level three-B school principal or

assistant school principal shall be fifty thousand dollars

($50,000) multiplied by the applicable responsibility factor.

G. By the beginning of the 2008-2009 school year,

the department shall adopt a highly objective uniform

statewide standard of evaluation, which includes data sources

linked to student achievement and educational plan for student

success progress, for level three-B school principals and

assistant school principals and rules for the implementation

of that evaluation system linked to the level of

responsibility at each school level."

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