SENATE BILL 378

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

INTRODUCED BY

John M. Sapien

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING AND ENACTING SECTIONS OF THE PUBLIC SCHOOL CODE TO ESTABLISH A TEACHER AND ADMINISTRATOR EVALUATION SYSTEM TO INCLUDE DIFFERENTIAL PERFORMANCE LEVELS, TO ESTABLISH AN EDUCATOR PREPARATION AND EFFECTIVENESS COUNCIL TO ADVISE AND OVERSEE PROMULGATION OF RULES FOR THE NEW SYSTEM AND TO ESTABLISH AN EFFECTIVE TEACHING PORTFOLIO WITHIN THE THREE-TIERED LICENSURE SYSTEM.

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

     SECTION 1. 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 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 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 for the remainder of the teacher's career. A level three-A 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 license is for teachers who 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 2. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] EDUCATOR PREPARATION AND EFFECTIVENESS COUNCIL--STUDENT LEARNING GROWTH SYSTEM.--

          A. By July 1, 2015, the department shall establish and convene an educator preparation and effectiveness council to provide recommendations to the department for its rulemaking process for teacher and administrator competencies and shall annually review the department's rules regulating teacher and administrator licensure and evaluation and make additional recommendations as necessary.

          B. Council members shall include geographically diverse members appointed by the secretary as follows:

                (1) two licensed teacher members from those nominated by the American federation of teachers New Mexico;

                (2) two licensed teacher members from those nominated by the national education association New Mexico;

                (3) two licensed teacher members selected by the secretary;

                (4) two licensed administrator members from those nominated by the New Mexico education partners without regard to organization affiliation;

                (5) one licensed administrator member from those nominated by the New Mexico coalition for charter schools;

                (6) two deans of colleges of education from those nominated by the New Mexico American association of colleges for teacher education deans/directors group; and

                (7) two members selected by the secretary.          C. If the department has sufficient funds in its budget, the members of the council and any work groups of the council may be reimbursed for travel expenses pursuant to the Per Diem and Mileage Act. The members of the council and any work groups for the council shall receive no other compensation, perquisite or allowance.

          D. The council may convene work groups, including noncouncil members with appropriate expertise, and consult with state, regional and national experts.

          E. By July 1, 2016, the council shall complete the teacher and administrator evaluation system and provide its recommendations to the department, the legislative education study committee and the legislative finance committee.

          F. On November 1, 2016, all prior department rules pertaining to teacher and administrator evaluation and teacher and administrator licensure levels are void.

          G. As part of the establishment and implementation of a system of evaluating teacher and administrator effectiveness, the department shall:

                (1) develop, as one component of evaluating teacher and administrator effectiveness, a system using data and indicators of student learning growth on approved assessments;

                (2) annually calculate student learning growth scores for teachers and administrators using student performance data collected over at least three years and a composite of simple and complex statistical models;

                (3) publish annually a technical manual describing the process used to compute student learning growth scores;

                (4) use student learning growth scores for teachers to determine percentile rankings annually; and

                (5) provide student learning growth scores to teachers and administrators and their school districts and charter schools for inclusion in a teacher's or administrator's personnel file.

          H. The department shall promulgate rules to measure teacher and administrator qualifications related to expected student performance growth targets, assessments for annual performance evaluation and student learning growth models for licensure advancement.

          I. The department shall, upon request, provide to the staffs of the legislative education study committee and the legislative finance committee student learning growth scores for teachers for evaluation purposes and to validate accuracy of computations; provided that individual teacher and administrator student learning growth scores shall remain confidential."

     SECTION 3. Section 22-10A-6 NMSA 1978 (being Laws 1986, Chapter 33, Section 8, as amended) is amended to read:

     "22-10A-6. EDUCATIONAL REQUIREMENTS FOR LICENSURE.--

          A. The department shall promulgate rules regarding teacher and administrator preparation program approval, including national accreditation or a state-level approval process, including but not limited to the following criteria:

                (1) demonstration of content and pedagogical knowledge;

                (2) clinical partnerships and practice;

                (3) candidate quality, recruitment and selectivity;

                (4) program impact based upon outcome data such as student performance, satisfaction of employers and satisfaction of graduates; and

                (5) preparation program quality assurance and continuous improvement.

          B. The department shall promulgate rules regarding regular program reauthorization.

          C. The department shall promulgate rules regarding minimum licensure examination requirements, including:

                (1) identifying required licensure exams for each licensure type;

                (2) establishing minimum passing scores for each licensure exam; and

                (3) requiring demonstration of equivalent licensure standards for candidates seeking reciprocity.

          [A.] D. The department shall require a person seeking licensure or reciprocity in elementary or secondary education to have completed the following minimum requirements in the college of arts and sciences:

                (1) twelve hours in English;

                (2) twelve hours in history, including American history and western civilization;

                (3) nine hours in mathematics for elementary education and six hours in mathematics for secondary education;

                (4) six hours in government, economics or sociology;

                (5) twelve hours in science, including biology, chemistry, physics, geology, zoology and botany; and

                (6) six hours in fine arts.

          [B.] E. In addition to the requirements specified in Subsections [A] D and [C] F of this section, the department shall require that a person seeking standard or alternative elementary licensure shall have completed six hours of reading courses, and a person seeking standard or alternative secondary licensure shall have completed three hours of reading courses in subject matter content. The department shall establish requirements that provide a reasonable period of time to comply with the provisions of this subsection.

          [C.] F. Except for licensure by reciprocity, the department shall require, prior to initial licensure, no less than fourteen weeks of student teaching, a portion of which shall occur in the first thirty credit hours taken in the college of education and shall be under the direct supervision of a teacher and a portion of which shall occur in the student's senior year with the student teacher being directly responsible for the classroom.

          [D.] G. Nothing in this section shall preclude the department from establishing or accepting equivalent requirements for purposes of reciprocal licensure or minimum requirements for alternative licensure.

          [E.] H. Vocational teacher preparatory programs may be exempt from Subsections [A] D through [C] F of this section upon a determination by the department that other licensure requirements are more appropriate for vocational teacher preparatory programs."

     SECTION 4. 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.

          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 level one teacher shall be evaluated for competency and effectiveness. If the teacher fails to demonstrate satisfactory progress, effectiveness 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, effectiveness and competence by the end of the five-year period, the teacher shall not be granted a level two license.

          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 as provided for in Section 22-10A-6 NMSA 1978;

                (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)] thirty-seven thousand dollars ($37,000) for the 2015-2016 school year and forty thousand dollars ($40,000) for the 2016-2017 and subsequent school years 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 5. 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 license granted to a teacher who meets the qualifications for that level and who [annually] demonstrates essential competency and effectiveness to teach. If a level two [teacher does not demonstrate essential competency in a given school year] teacher's performance evaluation indicates a level below "effective", the school district shall provide the teacher with [additional professional development and peer intervention] a performance improvement plan during the following school year. If, by the end of that school year, the [teacher fails to demonstrate essential competency] teacher's performance evaluation indicates a level below "effective", a school district may choose not to [contract with the teacher to teach in the classroom] renew the teacher's contract, may take other personnel action in accordance with existing due process law or may terminate employment as provided in Section 22-10A-24 NMSA 1978.

          B. The department shall issue a level two license to an applicant who:

                (1) successfully completes the level one license or is granted reciprocity as provided by department rules, demonstrates essential competency and effectiveness required by the [department] department's effective teaching portfolio as verified by the local superintendent [through the highly objective uniform statewide standard of evaluation] and meets other qualifications as required by the department; or

                (2) has been a level one teacher for at least three years and has achieved a student learning growth score for the most recent school year in the top one-half of all level two licensed teachers in the state, in lieu of an effective teaching portfolio.

          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)] forty-five thousand dollars ($45,000), and for teachers advancing to a level two license or renewing a level two license after the 2017-2018 school year, fifty thousand dollars ($50,000).

          E. The department shall base renewal of a level two license upon satisfactory annual teacher performance evaluations for the most recent three-year period."

     SECTION 6. 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 license granted to a teacher who meets the qualifications for that level and who annually demonstrates instructional leader competencies. If a level three-A [teacher does not demonstrate essential competency in a given school year] teacher's performance evaluation indicates a level below "effective", the school district shall provide the teacher with [additional professional development and peer intervention] a performance improvement plan during the following school year. If by the end of that school year the [teacher fails to demonstrate essential competency] teacher's performance evaluation indicates a level below "effective", a school district may choose not to [contract with the teacher to teach in the classroom] renew the teacher's contract, may take other personnel action in accordance with existing due process law or may terminate employment as provided in Section 22-10A-24 NMSA 1978.

          B. The department shall grant a level three-A license to an applicant who:

                (1) 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 and 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.

          C. With the adoption by the department of a highly objective uniform statewide standard of evaluation for level three-A teachers] department's effective teaching portfolio; or

                (2) has been a level two teacher for at least three years and has achieved a student learning growth score for the most recent school year in the top one-half of all level three-A licensed teachers in the state in lieu of an effective teaching portfolio.

          C. The department shall base renewal of a level three-A license upon satisfactory annual teacher performance evaluations for the most recent three-year period.

          D. 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),] fifty-five thousand dollars ($55,000), and for teachers advancing to a level three-A license or renewing a level three-A license after the 2017-2018 school year, sixty thousand dollars ($60,000).

          E. The department shall base renewal of a level three-A license upon satisfactory annual teacher performance evaluations for the most recent three-year period.

          [D.] F. A level three-B 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.] G. The department shall grant a level three-B license to an applicant who:

                (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] the School Personnel Act 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 graduate-level 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]

          H. The minimum annual salary for a level three-B school principal or assistant school principal shall be [fifty thousand dollars ($50,000)] fifty-five thousand dollars ($55,000) multiplied by the applicable responsibility factor, and for school principals and assistant school principals advancing to a level three-B license or renewing a level three-B license after the 2017-2018 school year, sixty thousand dollars ($60,000) multiplied by the applicable responsibility factor.

          I. The department shall base renewal of a level three-B license upon satisfactory annual performance evaluations for the most recent three-year period.

          [G. By the beginning of the 2008-2009 school year]           J. The department shall adopt [a highly objective uniform statewide standard of evaluation, which includes] criteria for the annual performance evaluation of administrators that include 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."

     SECTION 7. Section 22-10A-19 NMSA 1978 (being Laws 2003, Chapter 153, Section 50, as amended) is amended to read:

     "22-10A-19. TEACHERS AND SCHOOL PRINCIPALS--ACCOUNTABILITY--EVALUATIONS--EFFECTIVE TEACHING PORTFOLIO--PROFESSIONAL DEVELOPMENT--PEER INTERVENTION--MENTORING.--

          A. The department shall adopt criteria [and minimum highly objective uniform statewide standards of evaluation] for the annual performance evaluation of licensed school employees. The department shall establish the following differential performance levels for annual teacher performance evaluations:

                (1) exemplary;

                (2) highly effective;

                (3) effective;

                (4) minimally effective; and 

                (5) ineffective.

          B. The department shall establish basic competency and effective teaching indicators in the following areas:

                (1) instruction, which shall include, at a minimum:

                     (a) evidence of instructional plans;

                     (b) assessment techniques;

                     (c) use of data to inform practice;

                     (d) adaptation of teaching for diverse learners;

                     (e) classroom management; and

                     (f) implementation of state content standards;

                (2) professional development, which shall include:

                     (a) evidence of meeting professional development goals;

                     (b) collaboration with other educators;

                     (c) parent involvement; and

                     (d) research and publication; and

                (3) student learning, which shall include evidence of improved student achievement on department-approved assessments. Evidence of improved student achievement shall count for no more than thirty-five percent of the annual teaching performance evaluation overall score; provided that a local school board or charter school governing board, by local policy, may count student learning for a maximum of fifty percent of the annual teacher performance evaluation overall score.

          C. The department shall establish an annual teaching performance evaluation aligned to the basic teaching competencies and effectiveness indicators based on evidence that the teacher:

                (1) meets or exceeds expectations on basic competency and effectiveness indicators;

                (2) demonstrates satisfactory progress on professional development goals; and

                (3) receives satisfactory ratings from students.

          D. The department shall establish an effective teaching portfolio for licensure advancement aligned to the basic competency and effectiveness indicators. The portfolio shall consist of additional evidence to demonstrate effective teaching practices, professional development and student learning and shall include the most recent three years of annual teaching performance evaluations and certification by the local superintendent that the portfolio was completed by the applicant. Evidence of improved student achievement shall count for no more than thirty-five percent of the overall score. The portfolio shall be evaluated by at least two external reviewers, one of whom shall hold the same grade level license and subject area endorsement as the applicant. The department shall establish the process for independent reviewers to assess the portfolio and provide ratings reflecting whether the applicant exceeds, meets or does not meet the standards.

          E. The professional development plan for teachers shall include documentation on [how] the manner in which a teacher who receives professional development that has been required or offered by the state or a school district or charter school incorporates the results of that professional development in the classroom.

          [B. The local superintendent shall adopt policies, guidelines and procedures for the performance evaluation process. Evaluation by other school employees shall be one component of the evaluation tool for school administrators.

          C.] F. As part of [the highly objective uniform statewide standard of evaluation for teachers] a teacher's demonstration of competency and effectiveness, the school principal shall observe each teacher's classroom practice [to determine the teacher's ability to demonstrate state-adopted competencies]. Input from school employees and students may be components of the annual teaching performance evaluation.

          [D. At the beginning] G. By the first reporting date of each school year, teachers and school principals shall devise professional development plans [for the coming year, and performance] that use student achievement data from department- approved assessments to establish performance goals for the current year. Annual performance evaluations shall be based in part on how well the professional development plan was carried out.

          [E.] H. The department shall develop criteria for performance improvement plans.

          I. If a level two or three-A teacher's performance evaluation indicates [less than satisfactory performance and competency] a level below "effective", the school principal shall develop a performance improvement plan that may require the teacher to undergo peer intervention, including mentoring, for a period the school principal deems necessary. If the teacher is unable to demonstrate [satisfactory performance and competency] a performance rating of "effective" by the end of the period, the [peer interveners may recommend termination of the teacher] school district may choose not to renew the teacher's contract, may take other personnel action in accordance with existing due process law or may terminate employment as provided in Section 22-10A-24 NMSA 1978.

          [F.] J. At least every two years, school principals or administrators conducting classroom observations of teachers for evaluation purposes shall attend a training program approved by the department to improve their evaluation, administrative and instructional leadership skills."

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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