HOUSE BILL 105
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Miguel P. Garcia
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING THE TEACHER INCENTIVE PAY ACT; PROVIDING FOR IMPLEMENTATION AND ADMINISTRATION OF AN INCENTIVE PAY PROGRAM FOR TEACHERS WHO AGREE TO TEACH IN CERTAIN ELEMENTARY SCHOOLS; PROVIDING CONDITIONS; MAKING AN APPROPRIATION.
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 "Teacher Incentive Pay Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Teacher Incentive Pay Act:
A. "incentive contract" means an agreement entered into between a teacher recipient and a school district or charter school by which the teacher recipient is hired to teach in a qualified public school, which agreement runs co-extensively with the teacher recipient's employment contract;
B. "incentive pay" means the amount of money a teacher recipient receives above the teacher recipient's base salary based on the teacher recipient's training and experience and the school district's or charter school's compensation plan;
C. "program" means the teacher incentive pay program;
D. "qualified school" means a public elementary school in which at least ninety percent of the students are qualified for free or reduced fee lunch and the school was rated D or F in the last school rating pursuant to the A-B-C-D-F Schools Rating Act; and
E. "teacher recipient" means a person who holds a level 3-A teaching license and who has entered into an incentive contract with a school district or charter school."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHER INCENTIVE PAY PROGRAM-- APPLICATION--ELIGIBILITY.--
A. The department shall establish a ten-year "teacher incentive pay program" for the 2018-2019 through 2027-2028 school years at qualified schools. The purpose of the program is to authorize the hiring of teachers during the 2018-2019 through 2023-2024 school years to fill teaching vacancies at qualified schools to help those schools raise their school grade at least one letter grade each year until the qualified school achieves and maintains an A. The program shall consist of six cohorts of teacher recipients who are eligible to receive incentive pay for up to five years. Based on the number of applications received, the department may approve the participation of as many teacher recipients as there is money in the teacher incentive fund to pay the incentives.
B. The department shall administer the program and promulgate rules to carry out the provisions of the Teacher Incentive Pay Act. In designing and implementing the program, the department, in consultation with school districts and qualified schools, shall determine the form and content of data collected for the program. The department shall monitor and evaluate the efficacy of the program and make periodic and final reports on its findings and recommendations to the legislative education study committee and the legislative finance committee.
C. The program is open to a teacher who:
(1) holds a master's degree plus at least eight additional credit hours or national board for professional teaching standards certification;
(2) is rated as a highly effective or exemplary teacher; and
(3) signs an incentive contract with a school district or charter school to teach in qualified schools.
D. A teacher recipient hired to fill a vacancy pursuant to this section shall receive incentive pay of three thousand dollars ($3,000) above the teacher's base salary.
E. The incentive contract may be renewed each year for a program total of five years. Renewal of the incentive contract is based on the teacher recipient's performance evaluation. A teacher recipient who receives a rating of highly effective or exemplary shall be eligible for renewal of the incentive contract.
F. A qualified school shall apply for the program on forms provided by the department and include qualifications of teacher candidates for the program, if known. The application shall be signed by the qualified school principal and the local superintendent or the local superintendent's authorized representative."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] FAILURE TO COMPLETE TERMS OF CONTRACT.--
A. A teacher recipient who fails to complete a school year of service and perform as described in the incentive contract shall:
(1) repay to the state all incentive pay received during the year by the teacher recipient up to the date of the contract termination; or
(2) in consultation with the department, establish alternative terms of repayment or service deemed sufficient by the department.
B. If a teacher recipient falls below highly effective in the teacher recipient's annual evaluation or if the qualified school does not improve its school grade, the school principal, in consultation with the local superintendent or the local superintendent's authorized representative, may refuse to renew the teacher recipient's incentive contract with the qualified school. The refusal to renew an incentive contract does not affect rights afforded to teachers under the School Personnel Act.
C. A teacher recipient, affected school principals and the local superintendent may agree to allow a teacher recipient to relocate to another qualified school without loss of incentive pay."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHER INCENTIVE FUND CREATED--USE.--The "teacher incentive fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund shall revert to the general fund at the end of fiscal year 2028. Money in the fund is appropriated to the department to carry out the purposes of the Teacher Incentive Pay Act. Money in the fund shall be expended on warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative."
SECTION 6. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the teacher incentive fund for expenditure in fiscal year 2019 and subsequent fiscal years through the 2027-2028 school year to carry out the purposes of the Teacher Pay Incentive Act. Any unexpended or unencumbered balance at the end of fiscal year 2028 shall revert to the general fund.
SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
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