SENATE BILL 316
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Sander Rue
AN ACT
RELATING TO EDUCATION; LINKING TIERED LICENSURE OF TEACHERS TO OBJECTIVE PERFORMANCE EVALUATION RATINGS.
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. "effectiveness" means an objective performance evaluation rating of:
(1) exemplary;
(2) highly effective;
(3) effective;
(4) minimally effective; or
(5) ineffective;
C. "improvement plan" means a written plan for the teacher that:
(1) identifies the areas in which the teacher needs improvement;
(2) provides for professional development, training, support or other opportunities aligned with the areas in which the teacher needs improvement; and
(3) states the expectation that the teacher demonstrate improvement in certain areas within ninety working days of receiving the improvement plan;
[B.] D. "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.] E. "state agency" means any state institution or state agency providing an educational program requiring the employment of certified school instructors;
[D.] F. "sabbatical leave" means leave of absence with pay as set by the local school board or governing authority of 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.] G. "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.] H. "working day" means every calendar day, excluding Saturday, Sunday or legal holiday; and
[G.] I. "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-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended) is amended to read:
"22-10A-7. LEVEL ONE LICENSURE.--
A. A level one license is a provisional five-year license for beginning teachers that requires as a condition of licensure that the licensee undergo a formal mentorship program for at least one full school year and an annual [intensive] performance evaluation by a school administrator [for at least three full school years before applying for a level two license] pursuant to department rules.
B. Each school district, in accordance with department rules, shall provide for the mentorship and evaluation of level one teachers. At the end of each year and at the end of the license period, [the] a level one teacher shall be evaluated for [competency. If the teacher fails to demonstrate satisfactory progress and competence annually, the teacher may be terminated as provided in Section 22-10A-24 NMSA 1978. If the teacher has not demonstrated satisfactory progress and competence by the end of the five-year period, the teacher shall not be granted a level two license] effectiveness. During the first through third years of teaching, a level one teacher is subject to the provisions of Subsection A of Section 22-10A-24 NMSA 1978. During the fourth or fifth year of teaching, if a level one teacher receives an objective performance evaluation rating of minimally effective or ineffective, the teacher shall teach pursuant to an improvement plan received from a school administrator or mentor. After completion of the improvement plan, the teacher:
(1) shall continue to teach with a level one license if improvement is demonstrated; or
(2) shall be terminated as provided in Section 22-10A-24 NMSA 1978 if no improvement is demonstrated.
C. Except in exigent circumstances defined by department rule, a level one license shall not be extended beyond the initial period.
D. The department shall issue a standard level one license to an applicant who is at least eighteen years of age who:
(1) holds a baccalaureate degree from an accredited educational institution;
(2) has successfully completed a department-approved teacher preparation program from a nationally accredited or state-approved educational institution;
(3) has passed the New Mexico teacher assessments examination, including for elementary licensure beginning January 1, 2013, a rigorous assessment of the candidate's knowledge of the science of teaching reading; and
(4) meets other qualifications for level one licensure, including clearance of the required background check.
E. The department shall issue an alternative level one license to an applicant who meets the requirements of Section 22-10A-8 NMSA 1978.
F. The department shall establish competencies and qualifications for specific grade levels, types and subject areas of level one licensure, including early childhood, elementary, middle school, secondary, special [education] and vocational education.
G. [Beginning with the 2003-2004 school year, with the adoption by the department of a highly objective uniform statewide standard of evaluation for level one teachers] The minimum salary for a level one teacher shall be thirty thousand dollars ($30,000) for a standard nine and one-half month contract.
[H. Teachers who hold level one licenses on the effective date of the 2003 act must be evaluated by the end of the 2006-2007 school year.]"
SECTION 3. Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended by Laws 2005, Chapter 315, Section 7 and by Laws 2005, Chapter 316, Section 4) is amended to read:
"22-10A-10. LEVEL TWO LICENSURE.--
A. A level two license is a [nine-year] five-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates [essential competency to teach] effectiveness. If a level two teacher does not demonstrate [essential competency] effectiveness in a given school year, the school district shall provide the teacher with [additional professional development and peer intervention] an improvement plan during the following school year. If by the end of that school year the teacher fails to demonstrate [essential competency] effectiveness, a school district may choose not to contract with the teacher [to teach in the classroom].
B. The department shall issue a level two license to an applicant who [successfully completes the level one license or is granted reciprocity as provided by department rules; demonstrates essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications as required by the department] has:
(1) completed at least two years of teaching with a level one license and has received an objective performance evaluation rating of exemplary or highly effective for each of the immediately preceding two years;
(2) completed at least five years of teaching with a level one license and has not received an objective performance evaluation rating of minimally effective or ineffective in the immediately preceding three-year period; or
(3) been granted reciprocity as provided by department rules.
C. The department shall provide for qualifications for specific grade levels, types and subject areas of level two licensure, including early childhood, elementary, middle, secondary, special education and vocational education.
D. With the adoption by the department of the statewide objective performance evaluation for level two teachers, the minimum salary for a level two 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); and
(3) for the 2005-2006 school year]
forty thousand dollars ($40,000)."
SECTION 4. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended) is amended to read:
"22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS, COUNSELORS AND SCHOOL ADMINISTRATORS.--
A. A level three-A license is a [nine-year] five-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates [instructional leader competencies] effectiveness. If a level three-A teacher does not demonstrate [essential competency] effectiveness in a given school year, the school district shall provide the teacher with [additional professional development and peer intervention] an improvement plan during the following school year. If by the end of that school year the teacher fails to demonstrate [essential competency] effectiveness, 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] completed at least:
(1) two years of teaching with a level two license and has received an objective performance evaluation rating of exemplary or highly effective for each of the immediately preceding two years; or
(2) five years of teaching with a level two license and has not received an objective performance evaluation rating of minimally effective or ineffective in the immediately preceding three-year period.
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 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] five-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] and demonstrates effectiveness.
E. The department shall grant a level three-B license to an applicant who submits to the department written approval from a superintendent or the superintendent's designee to enter into an administrator preparation program and has completed at least:
[(1) holds a level two license and meets the requirements for a level three-A license or who holds a current level two teacher's license and, for at least four years, has held the highest-ranked counselor license as provided in Chapter 22, Article 10A NMSA 1978 and rules promulgated by the department;
(2) holds a post-baccalaureate degree or national board for professional teaching standards certification;
(3) has satisfactorily completed department-approved courses in administration and a department-approved administration apprenticeship program; and
(4) demonstrates instructional leader competence required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation]
(1) three years of teaching with a level two license and has received an objective performance evaluation rating of exemplary or highly effective for each of the immediately preceding three years; or
(2) two years of teaching with a level three-A license and has received an objective performance evaluation rating of exemplary or highly effective or effective for each of the immediately preceding two years.
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."
- 11 -