HOUSE BILL 139

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

James E. Smith

AN ACT

RELATING TO PUBLIC SCHOOLS; CREATING THE ADJUNCT INSTRUCTORS ACT; ALLOWING THE CERTIFICATION AND CONTRACTING OF ADJUNCT INSTRUCTORS; REQUIRING BACKGROUND CHECKS AND EXCLUDING OTHER SCHOOL PERSONNEL ACT PROVISIONS.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Adjunct Instructors Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Adjunct Instructors Act:

          A. "adjunct instructor" means a person who:

                (1) has current certification from the department as an adjunct instructor; and 

                (2) is not a current teacher or other school employee under the Public School Code;

          B. "contract for services" means an agreement between the local school board and the adjunct instructor for the provision of services pursuant to the Adjunct Instructors Act;

          C. "local school board" includes the governing body of a charter school; 

          D. "school district" includes a charter school; and

          E. "services" includes helping students acquire knowledge in a subject in which an adjunct instructor has professional, technical or career expertise."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARD--ADJUNCT INSTRUCTOR CONTRACT FOR SERVICES.--

          A. A local school board shall have the authority to enter into a contract for the services with an adjunct instructor.

          B. The amount of compensation to be received by the adjunct instructor shall be a provision of the contract for services determined by the local school board.

          C. The adjunct instructor shall provide services not to exceed twenty hours per week.

          D. The contract for services shall specify that the adjunct instructor is ineligible for:

                (1) health plan benefits;

                (2) the accrual of service credit or employee or employer contributions under any coverage plan pursuant to the Public Employees Retirement Act, the Educational Retirement Act or the Deferred Compensation Act;

                (3) any compensation other than the amount specified in the contract for services; and

                (4) tenure under any law or regulation or tenure under any agreement to which the adjunct instructor is not an individually named party.

          E. The term of the contract for services and any renewal of the contract for services shall not exceed one school year.

          F. A local school board may terminate the contract for services without cause at any time during the contract period.

          G. A local school board may include in the contract for services additional terms not in contravention of the Adjunct Instructors Act."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ADJUNCT INSTRUCTOR CERTIFICATION.--The department shall certify as an adjunct instructor a person who:

          A. has earned at least a bachelor's degree;

          B. has a minimum of three years experience in each area of professional, technical or career expertise in which the adjunct instructor will provide services;

          C. passes the New Mexico teachers assessments in each area of professional, technical or career expertise in which the adjunct instructor will provide services;

          D. completes a department-approved pedagogy course provided by the department, a school district or a regional education cooperative; and

          E. meets any other requirements established by rule by the department."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] BACKGROUND CHECKS REQUIRED FOR ADJUNCT INSTRUCTORS--SCHOOL PERSONNEL ACT OTHERWISE INAPPLICABLE.--Notwithstanding the applicability of Section 22-10A-5 NMSA 1978, all of the other provisions of the School Personnel Act, including licensure requirements, shall not apply to adjunct instructors. Adjunct instructors shall be required to undergo a background check as provided in Section 22-10A-5 NMSA 1978. The school district or charter school may act on the information received from the background check and refuse to approve a person as an adjunct instructor. The school district or charter school shall not allow persons who have not been vetted through the background check process to have unsupervised contact with students."

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