HOUSE BILL 40
49th legislature - STATE OF NEW MEXICO - first special session, 2009
INTRODUCED BY
Keith J. Gardner
AN ACT
RELATING TO SCHOOLS IN NEED OF IMPROVEMENT; ALLOWING A LOCAL SCHOOL BOARD TO SUSPEND ITS SALARY SCHEDULE AND CONTRACT PROVISIONS FOR LICENSED SCHOOL EMPLOYEES AT ANY SCHOOL THAT HAS FAILED TO MAKE ADEQUATE YEARLY PROGRESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-2C-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 16, as amended) is amended to read:
"22-2C-7. ADEQUATE YEARLY PROGRESS--SCHOOL IMPROVEMENT PLANS--CORRECTIVE ACTION--RESTRUCTURING.--
A. A public school that fails to make adequate yearly progress for two consecutive school years shall be identified as a school in need of improvement. A school in need of improvement shall be ranked as:
(1) school improvement 1;
(2) school improvement 2;
(3) corrective action;
(4) restructuring 1; or
(5) restructuring 2.
B. Within ninety days of being notified that a public school within the school district has been identified as a public school in need of improvement, the school district shall submit an improvement plan for that public school to the department. In developing the improvement plan, the local superintendent, the president of the local school board and the school principal of the public school in need of improvement shall hold a public meeting to inform parents and the public of the public school's rank. The meeting shall be used to elicit suggestions from parents and the public on how to improve the public school. After the public meeting, the school district shall develop the public school's improvement plan, and the local school board shall approve the improvement plan before it is submitted to the department. The improvement plan shall be approved by the department within thirty days of its submission.
C. The improvement plan shall include:
(1) documentation of performance measures in which the public school failed to make adequate yearly progress;
(2) measurable objectives to indicate the action that will be taken to address failed measures;
(3) benchmarks to be used to indicate progress in meeting academic content and performance standards;
(4) an estimate of the time and the resources needed to achieve each objective in the improvement plan;
(5) the support services that shall be provided to students;
(6) applications that have been made for federal and state funds; and
(7) any other information that the public school that needs improvement, the local superintendent, the local school board or the department deems necessary.
D. The improvement plan may include a declaration by the local school board that it is suspending the school district's salary schedule and tenure rights for the school employees of that school.
[D.] E. A public school in need of improvement may apply to the department for financial or other assistance in accordance with the improvement plan. The public school shall make application for assistance substantially in the form required by the department. The department shall evaluate applications for assistance and may recommend changes to an application or to an improvement plan if warranted by the final application. The department shall consider innovative methods to assist the public school in meeting its improvement plan, including department or other school employees serving as a mobile assistance team to provide administrative, classroom, human resource and other assistance to the public school that needs improvement as needed and as provided in applications approved by the department.
[E.] F. If a public school has failed to make adequate yearly progress for two consecutive school years, it shall be placed in school improvement 1 and shall provide transportation or pay the cost of transportation, within available funds, for students who choose to enroll in a higher ranked public school.
[F.] G. If a public school has failed to make adequate yearly progress for three consecutive school years, it shall be placed in school improvement 2 and shall provide supplemental services, including after-school programs, tutoring and summer services to its Title I-eligible students, within available funds.
[G.] H. The department shall adopt rules that govern the priority for students for whom supplemental services shall be provided and for students for whom transportation costs are paid. The rules shall include the adoption of a sliding-fee schedule based on the educational level of tutors in New Mexico and require that providers use a pre- and post-assessment instrument approved by the department to measure the gains that students achieve through supplemental services.
[H.] I. If a public school has failed to make adequate yearly progress for four consecutive school years, it shall be placed in corrective action and the school district, in conjunction with the department, shall take one or more of the following actions in addition to earlier improvements:
(1) replace staff as allowed by law;
(2) implement a new curriculum;
(3) decrease management authority of the public school;
(4) appoint an outside expert to advise the public school;
(5) extend the school day or year; or
(6) change the public school's internal organizational structure.
[I.] J. If a public school has failed to make adequate yearly progress for five consecutive school years, it shall be placed in restructuring 1 and shall continue the improvement measures implemented pursuant to Subsections B through [H] I of this section and begin planning for restructuring of the public school if it fails to make adequate yearly progress in the sixth year.
[J.] K. If a public school has failed to make adequate yearly progress for six consecutive years, it shall be placed in restructuring 2. The school district, in conjunction with the department, shall take one or more of the following actions in addition to other improvements:
(1) recommend reopening the public school as a state-chartered charter school as provided in Section 22-2C-7.1 NMSA 1978;
(2) replace all or most of the staff as allowed by law;
(3) turn over the management of the public school to the department; or
(4) make other governance changes.
[K.] L. A school district that has failed to make adequate yearly progress for two consecutive school years may be subject to the same requirements as a public school subject to corrective action, as determined by the department. A school district that fails to make adequate yearly progress for four consecutive school years shall be subject to corrective action.
[L.] M. The state, a school district or a charter school shall not enter into management contracts with private entities for the management of a public school or a school district subject to corrective action.
[M.] N. If a public school that is identified as a school in need of improvement makes adequate yearly progress in the year that it has been placed in school improvement 1, school improvement 2, corrective action or restructuring 1, it shall not move to the next school improvement rank for one year. If the public school makes adequate yearly progress for a second consecutive year, it shall be removed from the ranks of schools in need of improvement.
[N.] O. Nothing in this section shall be construed to restrict the powers and duties of the secretary or the department under the Public School Code."
Section 2. Section 22-10A-24 NMSA 1978 (being Laws 1986, Chapter 33, Section 22, as amended) is amended to read:
"22-10A-24. TERMINATION DECISIONS--LOCAL SCHOOL BOARD--GOVERNING AUTHORITY OF A STATE AGENCY--PROCEDURES.--
A. Except as provided in Section 22-2C-7 NMSA 1978, a local school board or governing authority of a state agency may terminate an employee with fewer than three years of consecutive service for any reason it deems sufficient. Upon request of the employee, the local superintendent or state agency administrator shall provide written reasons for the decision to terminate. The reasons shall be provided within ten working days of the request. The reasons shall not be publicly disclosed by the superintendent, administrator, local school board or governing authority. The reasons shall not provide a basis for contesting the decision under the School Personnel Act.
B. Before terminating a noncertified school employee, the local school board or governing authority shall serve the employee with a written notice of termination.
C. An employee who has been employed by a school district or state agency for three consecutive years and who receives a notice of termination pursuant to either Section [22-10-12] 22-10A-22 NMSA 1978 or this section may request an opportunity to make a statement to the local school board or governing authority on the decision to terminate [him] the employee by submitting a written request to the local superintendent or state agency administrator within five working days from the date written notice of termination is served upon [him] the employee. The employee may also request in writing the reasons for the termination action [to terminate him]. The local superintendent or state agency administrator shall provide written reasons for the notice of termination to the employee within five working days from the date the written request for a meeting and the written request for the reasons were received by the local superintendent or administrator. Neither the local superintendent or administrator nor the local school board or governing authority shall publicly disclose its reasons for termination.
D. A local school board or governing authority may not terminate an employee who has been employed by a school district or state agency for three consecutive years without just cause.
E. The employee's request pursuant to Subsection C of this section shall be granted if [he] the employee responds to the local superintendent's or state agency administrator's written reasons as provided in Subsection C of this section by submitting in writing to the local superintendent or administrator a contention that the decision to terminate [him] was made without just cause. The written contention shall specify the grounds on which it is contended that the decision was without just cause and shall include a statement of the facts that the employee believes support [his] the employee's contention. This written statement shall be submitted within ten working days from the date the employee receives the written reasons from the local superintendent or administrator. The submission of this statement constitutes a representation on the part of the employee that [he] the employee can support [his] the employee's contentions and an acknowledgment that the local school board or governing authority may offer the causes for its decision and any relevant data in its possession in rebuttal of [his] the employee's contentions.
F. A local school board or governing authority shall meet to hear the employee's statement in no less than five or more than fifteen working days after the local school board or governing authority receives the statement. The hearing shall be conducted informally in accordance with the provisions of the Open Meetings Act. The employee and the local superintendent or state agency administrator may each be accompanied by a person of [his] the employee's and the superintendent's or administrator's choice. First, the superintendent shall present the factual basis for [his] the determination that just cause exists for the termination of the employee, limited to those reasons provided to the employee pursuant to Subsection C of this section. Then, the employee shall present [his] the employee's contentions, limited to those grounds specified in Subsection E of this section. The local school board or governing authority may offer such rebuttal testimony as it deems relevant. All witnesses may be questioned by the local school board or governing authority, the employee or [his] the employee's representative and the local superintendent or administrator or [his] the superintendent's or administrator's representative. The local school board or governing authority may consider only such evidence as is presented at the hearing and need consider only such evidence as it considers reliable. No record shall be made of the proceeding. The local school board or governing authority shall notify the employee and the local superintendent or administrator of its decision in writing within five working days from the conclusion of the meeting."
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