HOUSE BILL 145

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Conrad James

AN ACT

RELATING TO PUBLIC EDUCATION; CREATING THE ADJUNCT SECONDARY INSTRUCTORS ACT; ALLOWING THE LICENSURE AND CONTRACTING OF ADJUNCT SECONDARY INSTRUCTORS; REQUIRING SATISFACTORY CLEARANCE OF FINGERPRINT-BASED BACKGROUND CHECKS; EXCLUDING CERTAIN 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 Secondary Instructors Act"."

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

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

          A. "adjunct secondary instructor" means a person who:

                (1) has current licensure from the department as an adjunct secondary 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 secondary instructor for the provision of services pursuant to the Adjunct Secondary 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 secondary instructor has subject-matter expertise; and

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

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

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

          A. A local school board may enter into a contract for services with an adjunct secondary instructor.

          B. The contract for services shall provide that the adjunct secondary instructor render services to students in grades seven through twelve only.

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

          D. The adjunct secondary instructor shall provide services not to exceed one-half of a full-time teacher's workload. A local school board shall not have more than fifty percent of any school's classes taught by adjunct secondary instructors.

          E. The contract for services shall specify that the adjunct secondary 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 Educational Retirement Act, the Public Employees 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 secondary instructor is not an individually named party.

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

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

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

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

     "[NEW MATERIAL] ADJUNCT SECONDARY INSTRUCTOR LICENSURE.--The department may license as an adjunct secondary 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 secondary instructor will teach;

          C. passes the New Mexico teacher assessments in each area of subject-matter expertise in which the adjunct secondary 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 Secondary 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 secondary instructors must satisfactorily clear a fingerprint-based background check 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 secondary instructors."

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