SENATE BILL 228

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Ron Griggs

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 an 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;

          E. "services" includes teaching courses in which the adjunct instructor has subject matter expertise; and

          F. "subject matter expertise" means the professional, technical or career expertise of an adjunct instructor."

     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 may enter into a contract for 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 one-half of a full-time teacher's workload.

          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 rule 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 subject matter expertise in which the adjunct instructor will teach;

          C. passes the New Mexico teachers assessments in each area of subject matter expertise in which the adjunct instructor will teach;

          D. completes a department-approved pedagogy course provided by the department; a New Mexico public post-secondary educational institution; a school district or regional education cooperative in conjunction with a New Mexico public post-secondary educational institution; or another provider approved by the department; and

          E. meets any other requirements established by rule by the department to carry out the provisions of the Adjunct Instructors Act."

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

     "[NEW MATERIAL] SCHOOL PERSONNEL ACT INAPPLICABLE EXCEPT FOR BACKGROUND CHECKS.--

          A. Adjunct instructors must pass background checks in the same manner as licensed school employees pursuant to Section 22-10A-5 NMSA 1978.

          B. The School Personnel Act does not apply to adjunct instructors."

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