SB0105

SENATE BILL 105

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

INTRODUCED BY

Mark Moores

AN ACT

RELATING TO EDUCATION; CHANGING THE DESIGNATIONS FOR TEACHER LICENSURE LEVELS; STREAMLINING ADVANCEMENT THROUGH THE LICENSURE SYSTEM FOR THE MOST EFFECTIVE TEACHERS; AMENDING SECTIONS OF THE SCHOOL PERSONNEL ACT.

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. "objective performance evaluation rating" means a rating of:

(1) exemplary;

(2) highly effective;

(3) effective;

(4) minimally effective; or

(5) ineffective;

C. "professional development 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 professional development 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-4 NMSA 1978 (being Laws 2003, Chapter 153, Section 35, as amended by Laws 2005, Chapter 315, Section 4 and by Laws 2005, Chapter 316, Section 1) is amended to read:

"22-10A-4. TEACHERS AND SCHOOL ADMINISTRATORS--PROFESSIONAL STATUS--LICENSURE LEVELS--SALARY ALIGNMENT.--

A. Teaching and school administration are recognized as professions, with all the rights, responsibilities and privileges accorded professions, having their first responsibility to the public they serve. The primary responsibilities of the teaching and school administration professions are to educate the children of this state and to improve the professional practices and ethical conduct of their members.

B. The New Mexico licensure framework for teachers and school administrators is a progressive career system in which licensees are required to demonstrate increased competencies and undertake increased duties as they progress through the licensure levels. The minimum salary provided as part of the career system shall not take effect until the department has adopted increased competencies for the particular level of licensure and a highly objective uniform statewide standard of evaluation.

C. [A level one] An associate license is a provisional license that gives a beginning teacher the opportunity, through a formal mentorship program, for additional preparation to be a quality teacher. A [level two] professional license is given to a teacher who is a fully qualified professional who is primarily responsible for ensuring that students meet and exceed department-adopted academic content and performance standards; a teacher may choose to remain [at level two] a professional licensed teacher for the remainder of the teacher's career. A [level three-A] master license is the highest level of teaching licensure for those teachers who choose to advance as instructional leaders in the teaching profession and undertake greater responsibilities such as curriculum development, peer intervention and mentoring. [A level three-B] An administrator's license is for teachers who choose to commence a new career path in school administration by becoming school administrators.

D. All teacher and school administrator salary systems shall be aligned with the licensure framework in a professional educator licensing and salary system.

[E. All teachers and school administrators who hold teaching or administrator certificates on the effective date of the 2003 act shall meet the requirements for their level of licensure by September 1, 2006 and shall be issued licenses.]"

SECTION 3. Section 22-10A-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended) is amended to read:

"22-10A-7. [LEVEL ONE] ASSOCIATE LICENSURE.--

A. [A level one] An associate 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] associate licensed teachers. At the end of each year and at the end of the license period, [the level one] an associate licensed teacher shall be evaluated for compentency. 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] professional license.

C. Except in exigent circumstances defined by department rule, [a level one] an associate license shall not be extended beyond the initial period.

D. The department shall issue a standard [level one] associate 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] associate licensure, including clearance of the required background check.

E. The department shall issue an alternative [level one] associate 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] associate 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] an associate licensed 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 4. Section 22-10A-8 NMSA 1978 (being Laws 2003, Chapter 153, Section 39, as amended by Laws 2011, Chapter 36, Section 1 and by Laws 2011, Chapter 95, Section 2) is amended to read:

"22-10A-8. ALTERNATIVE [LEVEL ONE] ASSOCIATE LICENSE.--

A. The department shall issue an alternative [level one] associate license to a person who is at least eighteen years of age and who:

(1) has completed a baccalaureate degree at an accredited institution of higher education and has received a passing score on a state-approved subject-area examination in the subject area of instruction for which the person is applying for a license; or

(2) has completed a master's degree at an accredited institution of higher education, including completion of a minimum of twelve graduate credit hours in the subject area of instruction for which the person is applying for a license; or

(3) has completed a doctoral or law degree at an accredited institution of higher education; and

(4) 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

(5) within two years of beginning teaching, completes a minimum of twelve semester hours of instruction in teaching principles in a program approved by the department; or

(6) [demonstrated] demonstrates to the department, in conjunction with the school district or state agency, that the person has met the department-approved competencies for [level one] associate licensed teachers that correspond to the grade level that will be taught.

B. A degree or examination referred to in Subsection A of this section shall correspond to the subject area of instruction and the particular grade level that will enable the applicant to teach in a competent manner as determined by the department.

C. An alternative [level one] associate licensed teacher shall participate in the same mentorship, evaluation and other professional development requirements as other [level one] associate licensed teachers.

D. A school district or state agency shall not discriminate against a teacher on the basis that the teacher holds an alternative [level one] associate license.

E. The department shall provide by rule for training and other requirements to support the use of unlicensed content area experts as resources in classrooms, team teaching, online instruction, curriculum development and other purposes."

SECTION 5. Section 22-10A-9 NMSA 1978 (being Laws 2003, Chapter 153, Section 40, as amended) is amended to read:

"22-10A-9. TEACHER MENTORSHIP PROGRAM FOR BEGINNING TEACHERS--PURPOSE--DEPARTMENT DUTIES.--

A. The purpose of the teacher mentorship program is to provide beginning teachers with an effective transition into the teaching field, to build on their initial preparation and to ensure their success in teaching; to improve the achievement of students; and to retain capable teachers in the classroom and to remove teachers who show little promise of success.

B. The department shall develop a framework for a teacher mentorship program for all first-year teachers. The program shall provide mentorship services by [level two] professional licensed or [level three] master licensed mentors to the first-year teacher for the full school year. If sufficient mentorship funds are available, the department may provide funding for mentorship services that extend beyond the first year if the local superintendent or charter school administrator certifies to the secretary that further formal mentorship of a beginning teacher will accomplish the purposes of Subsection A of this section; provided that the state shall not pay for more than three years' mentorship for any beginning teacher.

C. The department shall work with licensed school employees, representatives from teacher preparation programs and the higher education department to establish the framework.

D. The framework shall include:

(1) individual support and assistance for each beginning teacher from a designated mentor;

(2) structured training for mentors;

(3) an ongoing, formative evaluation that is used for the improvement of teaching practice;

(4) procedures for a summative evaluation of beginning teachers' performance during at least the first three years of teaching, including annual assessment of suitability for license renewal, and for final assessment of beginning teachers seeking [level two] professional licensure;

(5) support from local school boards, school administrators and other school district personnel; and

(6) regular review and evaluation of the teacher mentorship program.

E. The department shall:

(1) require submission and approval of each school district's teacher mentorship program;

(2) provide technical assistance to school districts that do not have a well-developed teacher mentorship program in place;

(3) encourage school districts to collaborate with teacher preparation program administrators at institutions of higher education, career educators, educational organizations, regional service centers and other state and community leaders in the teacher mentorship program; and

(4) distribute no less than fifty percent of available funds for mentorship programs to school districts on or before September 15 of each fiscal year according to the estimated number of teachers eligible to participate in a mentorship program on the fortieth day of the school year and, on or before January 15 of each fiscal year, distribute the balance of the available funds based on the actual number of eligible teachers participating in a mentorship program on the fortieth day of the school year, adjusted for any over- or under-estimation made in the first allocation.

F. The department shall require that teacher preparation programs collaborate with colleges of arts and sciences and high schools to develop a model to provide mentorship services with structured supervision and feedback to each of their graduates who [have] has obtained a teaching position in a public high school, including charter schools; develop cost estimates; and provide recommendations to the legislative education study committee by November 1, 2007. The model shall provide for the following:

(1) mentorship services for the first year as [a level one] an associate licensed teacher to each of their graduates who has obtained a teaching position in any New Mexico public high school, including charter schools; provided that teacher preparation programs may enter into contracts or memoranda of agreement with each other or with [level three] master licensed teachers in providing services to their students;

(2) an annual report to the department of the number of teachers that have completed each of their programs the previous spring or summer and have been hired by public high schools, including charter schools, for the following school year; and

(3) an annual report providing a description of the mentorship services that will be provided to each of their teachers, including the name of the teacher, the grade level the teacher has been hired to teach and the name of the school and district where the teacher has been hired."

SECTION 6. 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] PROFESSIONAL LICENSURE.--

A. A [level two] professional license is a [nine-year] five-year license granted to a teacher who meets the qualifications for that [level] license and who annually demonstrates essential competency to teach. If a [level two] professional licensed teacher does not demonstrate essential competency in a given school year, the school 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 issue a [level two] professional license to an applicant who:

(1) successfully:

(a) completes the [level one] associate license or is granted reciprocity as provided by department rules;

(b) demonstrates essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and

(2) has completed at least two years of teaching with an associate license and has received an objective performance evaluation rating of exemplary or highly effective for two consecutive years prior to applying for the license.

C. The department shall provide for qualifications for specific grade levels, types and subject areas of [level two] professional 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] professional licensed 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 7. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended) is amended to read:

"22-10A-11. [LEVEL THREE] MASTER TEACHER LICENSURE--TRACKS FOR TEACHERS, COUNSELORS AND SCHOOL ADMINISTRATORS.--

A. A [level three-A] master teacher license is a [nine-year] five-year license granted to a teacher who meets the qualifications for that [level] license and who annually demonstrates instructional leader competencies. If a [level three-A] master licensed teacher does not demonstrate essential competency in a given school year, the school district shall provide the teacher with [additional professional development and peer intervention] a professional development plan 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] master teacher license to an applicant [who]:

(1) who:

(a) has been a [level two] professional licensed teacher for at least three years and holds a post-baccalaureate degree or national board for professional teaching standards certification;

(b) 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

(2) who has completed two years of teaching with a professional license and has received an objective performance evaluation rating of exemplary or highly effective for two consecutive years prior to applying 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] master licensed 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] An administrator's 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] an administrator's license to an applicant who:

(1) holds a [level two] professional license and meets the requirements for a [level three-A] master teacher license or who holds a current [level two teacher's] professional 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.

F. [Beginning with the 2007-2008 school year] The minimum annual salary for [a level three-B] an administrator licensed 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] administrator licensed 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."

SECTION 8. CONTINGENT EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014, contingent upon certification by the secretary of public education to the New Mexico compilation commission prior to that date that the public education department has established and implemented a funding mechanism to compensate school districts for additional personnel costs associated with implementing the provisions of this act. If the certification has not been made by July 1, 2014, the provisions of this act shall not take effect.

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