SENATE BILL 554
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Joseph Cervantes
AN ACT
RELATING TO PUBLIC SCHOOLS; INCREASING INSTRUCTIONAL HOURS AND DAYS FOR KINDERGARTEN THROUGH TWELFTH GRADES AND PROFESSIONAL DEVELOPMENT HOURS FOR TEACHERS WITHIN A SCHOOL YEAR; RAISING MINIMUM SALARIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:
"22-2-8.1. SCHOOL YEAR [LENGTH OF SCHOOL DAY]--
MINIMUM INSTRUCTIONAL TIME--PROFESSIONAL DEVELOPMENT TIME.--
A. [Except as otherwise provided in this section] Within three hundred sixty-five days, regular students shall be in school-directed programs [exclusive of lunch] for a minimum of the following instructional hours and days per school year:
(1) kindergarten, for half-day programs, [two and one-half hours per day or four hundred fifty hours per year] at least five hundred hours in two hundred instructional days or, for full-day programs, [five and one-half hours per day or nine hundred ninety hours per year] at least one thousand one hundred hours in two hundred instructional days;
(2) first through fifth grades, [one through six five and one-half hours per day or nine hundred ninety hours per year] one thousand one hundred hours in two hundred instructional days; and
(3) sixth through twelfth grades, [seven through twelve, six hours per day or one thousand eighty hours per year] one thousand two hundred hours in two hundred instructional days.
B. Days or hours when no instruction is given due to lunchtime, recess, weather-related school delays or cancellations, staff in-service training, teacher planning and preparation, teacher collaboration and professional development or other events that are not educational programs for students shall not count toward the calculation of minimum instructional hours or days.
C. Every school district shall require a minimum of eighty hours beyond instructional hours for teachers at all grade levels for professional development. This noninstructional time shall be used to provide high-quality job-embedded professional development that is grounded in day-to-day teaching practice and designed to enhance teachers' content-specific instructional practices with the intent of improving student learning. Noninstructional time shall be school- or classroom-based and integrated into the workday.
[B.] D. Up to thirty-three hours of [the] full-day kindergarten [program] may be used for home visits by the teacher or for parent-teacher conferences. Up to twenty-two hours of [grades one through six programs] first through sixth grade may be used for home visits by the teacher or for parent-teacher conferences. Up to twelve hours of [grades seven through twelve programs] seventh through twelfth grade may be used to consult with parents and students to develop next step plans for students and for parent-teacher conferences.
[C.] E. Nothing in this section precludes a local school board from setting a school year, [or] the length of school days, the number of instructional hours or days or the number of noninstructional hours or days in excess of the minimum requirements established [by Subsection] in Subsections A and C of this section.
[D.] F. The secretary may waive the minimum length of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as other students in the state and teachers receive the same total professional development time as other teachers in the state and that the school district is exceeding educational standards established by the department. The secretary shall not waive the total minimum instructional time or total minimum professional time required in this section.
[E. Notwithstanding any other provision of this section] G. Provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to [a state or federal program shall] Section 22-13-13.2 NMSA 1978 may be deemed to be [time in a school-directed program and is] part of the instructional day if instruction is actually being provided and received.
H. A student in special education shall be in school-directed programs for an amount of time consistent with the student's individualized education plan."
SECTION 2. 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. 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 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;
(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 and vocational education.
G. [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-six thousand dollars ($36,000)] forty-five thousand dollars ($45,000) for a standard nine and one-half month contract."
SECTION 3. Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended) 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 to teach. If a level two 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 license to an applicant who successfully completes the level one license or is granted reciprocity as provided by department rules; demonstrates essential competency required by the department as verified by the local superintendent [through the highly objective uniform statewide standard of evaluation]; and meets other qualifications as required by the department.
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 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 [forty-four thousand dollars ($44,000)] fifty-five thousand dollars ($55,000)."
SECTION 4. 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.--
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, 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 grant a level three-A license to an applicant who 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; 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] The minimum salary for a level three-A teacher for a standard nine and one-half month contract shall be [fifty-four thousand dollars ($54,000)] sixty-five thousand dollars ($65,000).
D. The minimum salary for a counselor who holds a level three or three-A license as provided in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection C of this section."
SECTION 5. Section 22-10A-11.4 NMSA 1978 (being Laws 2015, Chapter 74, Section 2) is amended to read:
"22-10A-11.4. LEVEL THREE-B ADMINISTRATOR'S LICENSE--TRACKS FOR SCHOOL ADMINISTRATOR LICENSURE.--
A. A level three-B administrator's license is a five-year license granted to an applicant who meets the qualifications for that license. Licenses may be renewed upon satisfactory annual demonstration of instructional leader and administrative competency.
B. The department shall grant a level three-B administrator's license to an applicant who:
(1) has completed a department-approved administrator preparation program;
(2) holds a current level two or level three teacher's license; and
(3) holds a post-baccalaureate degree or national board for professional teaching standards certification.
C. The minimum annual salary for a licensed school principal or assistant school principal shall be [fifty thousand dollars ($50,000)] the same as level three-A teachers multiplied by the applicable responsibility factor.
[D. The department shall adopt a highly objective uniform statewide standard of evaluation, including data sources linked to student achievement and an educational plan for student success progress, for 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.
E.] D. As used in this section, "level three-B administrator's license" means a five-year license granted to an applicant who meets the qualifications pursuant to this section and department rules."
SECTION 6. CONTINGENT EFFECTIVE DATE AND APPLICABILITY.--
A. The provisions of this act shall become effective upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the first session of the fifty-fourth legislature, entitled "A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 7 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR AN ADDITIONAL ANNUAL DISTRIBUTION OF ONE PERCENT FROM THE PERMANENT SCHOOL FUND TO BE USED TO INCREASE THE INSTRUCTIONAL HOURS AND DAYS FOR STUDENTS AS PROVIDED BY LAW.".
B. The provisions of this act are applicable to the first full school year after adoption of the the joint resolution titled in Subsection A of this section and subsequent school years.
- 11 -