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F I S C A L I M P A C T R E P O R T
SPONSOR Miera
ORIGINAL DATE
LAST UPDATED
2-13-2007
2/16/07 HB 846
SHORT TITLE Educational Assistant Licensing Framework
SB
ANALYST Dearing
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$4,000.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates Senate Bill 831.
Relates to an Appropriation in the General Appropriation Act.
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Education Department (PED)
Department of Finance and Administration (DFA)
State Personnel Office (SPO)
SUMMARY
Synopsis of Bill
House Bill 846 appropriates $4.0 million from the general fund to the public school fund for the
purpose of implementing an educational assistant licensing framework.
House Bill 846 establishes a four-tiered licensure framework for educational assistants’, sets
forth the requirements for licensure and provides for minimum salary guarantees statewide for
educational assistants at each licensure level. The minimum salaries are:
•
Level One $12,000
•
Level Two $13,000
•
Level Three $15,000
•
Level Four $17,000.
pg_0002
House Bill 846 – Page
2
School districts must implement a career salary framework for educational assistants that
supports the licensure system, including salary increments above the minimums based on
training and experience. The PED is authorized to promulgate transition rules and rules’ assuring
that levels three and four meet the paraprofessional standards of the federal No Child Left
Behind Act of 2001.
FISCAL IMPLICATIONS
The appropriation of $4.0 million contained in this bill is a recurring expense to the general fund.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert
to the general fund.
The three-tier career ladder for teachers is in it fifth year of implementation while the principal’s
ladder is poised for implementation beginning in FY08. The LFC is concerned that adding
additional out-year obligations before meeting existing responsibilities may cause budget issues
to arise in the future.
House Bill 846 proposes that these higher salary levels implemented over the next three fiscal
years (FY08-FY10): Level 2 minimum annual salaries of $13 thousand are to be implemented in
FY08; Level 3 minimum annual salaries of $15 thousand are to be implemented in FY09; and
Level 4 minimum annual salaries of $17 thousand are to be implemented in FY10.
The Office of Educational Accountability estimates that the costs to enact all provisions of
House Bill 846 would be $5.1 million, if all elements were implemented in FY08. However, the
total costs will be less as intermediary compensation raises will decrease the difference necessary
to bring educational assistants to the levels proposed in the bill, as the minimums are to be
implemented over the next three years.
SIGNIFICANT ISSUES
PED notes the level one license is a two-year license for beginning educational assistants who do
not meet the requirements for higher levels of licensure. The level one EA must be a high school
graduate, be at least 18 years of age and complete a local orientation session pertinent to his/her
work assignment. An EA must be intensively evaluated locally for at least two years before
advancing to level two.
The level two license is a nine-year license. A level two EA meets the same requirements as
level one and is evaluated annually.
The level three license is a nine-year license that is issued to an EA who meets all of the
requirements of a level two EA plus has completed at least 48 semester hours of postsecondary
non-remedial coursework that prepares the EA to work effectively in instructional support or has
demonstrated competency by passing a state-approved test or through a locally administered
portfolio assessment. The level three EA is also evaluated annually.
A level four EA license is for nine years and requires the EA to meet all of the requirements of a
level three license as well as earning an associate’s degree or higher.
pg_0003
House Bill 846 – Page
3
It is important to note that of the four tiers, only educational assistants in levels 3 & 4 meet the
No Child Left Behind requirements of being highly qualified. Although this requirement is only
needed for working in Title I schools, highly qualified personnel should be assigned to all
schools.
An EA may be issued a level three or four license if he/she qualifies for either of those levels,
without first holding levels one and two licensure. This is important for recruiting EAs who must
meet the paraprofessional status required by NCLB
PERFORMANCE IMPLICATIONS
Supporters of House Bill 846 argue that higher salaries and more rigorous qualifications for
educational assistants who have instructional duties in Title 1 schools will result in better
academic performance for students. Since Title 1 schools serve the children most in need of
support, this effort may help New Mexico reduce the achievement gap, particularly for poor and
minority students.
TECHNICAL ISSUES
House Bill 846 contains a temporary provision that requires the PED to promulgate rules to
transition from the current licensure system to the new system proposed in House Bill 846 by
June 30, 2007 and the effective date of House Bill 846 is July 1, 2007.
ALTERNATIVES
The Legislature may wish to consider leaving the base salary for educational assistants at $12
thousand and creating only two additional tiers only for those assistants achieving No Child Left
Behind certification.
PD/csd