0001| HOUSE BILL 1190
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EDDIE CORLEY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOLS; AMENDING SECTION 22-2-8.2 NMSA 1978
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0012| (BEING LAWS 1986, CHAPTER 33, SECTION 3, AS AMENDED).
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 22-2-8.2 NMSA 1978 (being Laws 1986,
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0016| Chapter 33, Section 3, as amended) is amended to read:
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0017| "22-2-8.2. STAFFING PATTERNS--CLASS LOAD--TEACHING
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0018| LOAD.--
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0019| A. The individual class load for elementary school
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0020| teachers shall not exceed twenty students for kindergarten;
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0021| provided that any teacher in kindergarten with a class load of
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0022| fifteen to twenty students shall be entitled to the assistance
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0023| of an instructional assistant.
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0024| B. The average class load for elementary school
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0025| teachers at an individual school shall not exceed twenty-two
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0001| students when averaged among grades one, two and three
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0002| [provided that any teacher in grade one with a class load of
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twenty-one or more shall be entitled to the full-time
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assistance of an instructional assistant].
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0005| C. Effective with the 1994-95 school year, the
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0006| average class load for an elementary school teacher at an
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0007| individual school shall not exceed twenty-four students when
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0008| averaged among grades four, five and six.
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0009| D. The daily teaching load per teacher for grades
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0010| seven through twelve shall not exceed one hundred sixty
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0011| students, except the daily teaching load for teachers of
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0012| required English courses in grades seven and eight shall not
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0013| exceed one hundred thirty-five with a maximum of twenty-seven
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0014| students per class and the daily teaching load for teachers of
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0015| required English courses in grades nine through twelve shall
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0016| not exceed one hundred fifty students with a maximum of thirty
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0017| students per class.
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0018| E. Students receiving special education services
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0019| integrated into a regular classroom for any part of the day
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0020| shall be counted in the calculation of class load averages.
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0021| Students receiving special education services not integrated
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0022| into the regular classroom shall not be counted in the
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0023| calculation of class load averages. Only classroom teachers
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0024| charged with responsibility for the regular classroom
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0025| instructional program shall be counted in determining average
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0001| class loads. In elementary schools offering only one grade
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0002| level, average class loads may be calculated by averaging
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0003| appropriate grade levels between schools in the school
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0004| district.
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0005| F. The state superintendent may waive the
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0006| individual school class load requirements established in this
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0007| section. Waivers shall be applied for annually and a waiver
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0008| shall not be granted for more than two consecutive years.
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0009| Waivers may only be granted if a school district demonstrates:
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0010| (1) no portable classrooms are available;
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0011| (2) no other available sources of funding
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0012| exist to meet its need for additional classrooms;
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0013| (3) the district is planning alternatives to
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0014| increase building capacity for implementation within one year;
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0015| and
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0016| (4) the parents of all children affected by
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0017| the waiver have been notified in writing:
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0018| (a) of the statutory class load
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0019| requirements;
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0020| (b) that the school district has made a
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0021| decision to deviate from these class load requirements; and
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0022| (c) of the school district plan to
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0023| achieve compliance with the class load requirements.
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0024| G. If a waiver is granted pursuant to Subsection F
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0025| of this section to an individual school, the average class load
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0001| for elementary school teachers at that school shall not exceed
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0002| twenty students in grade one and shall not exceed twenty-five
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0003| students when averaged among grades two, three, four, five and
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0004| six.
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0005| H. Each school district shall report to the
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0006| department of education the size and composition of classes
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0007| subsequent to the fortieth day and the December 1 count.
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0008| Failure to meet class load requirements within two years shall
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0009| be justification for the disapproval of the school district's
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0010| budget by the state superintendent.
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0011| I. The department of education shall report to the
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0012| legislative education study committee by November 30 of each
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0013| year regarding each school district's ability to meet class
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0014| load requirements imposed by law.
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0015| J. Notwithstanding the provisions of Subsection F
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0016| of this section, the state board may waive the individual class
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0017| load and teaching load requirements established in this section
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0018| upon a demonstration of a viable alternative curricular plan
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0019| and a finding by the state board that the plan is in the best
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0020| interest of the school district and that, on an annual basis,
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0021| the plan has been presented to and is supported by the affected
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0022| teaching staff. The department of education shall evaluate the
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0023| impact of each alternative curricular plan annually. Annual
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0024| reports shall be made to the legislative education study
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0025| committee.
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0001| K. [Effective with the 1987-88 school year]
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0002| Certified school instructors shall not be required to perform
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0003| noninstructional duties except in emergency situations as
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0004| defined by the state board. For purposes of this subsection,
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0005| "noninstructional duties" means noon hall duty, noon ground
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0006| duty and noon cafeteria duty."
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0007|
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0008| State of New Mexico
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0009| House of Representatives
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| March 12, 1997
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0016|
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0017|
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0018| Mr. Speaker:
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0019|
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0020| Your EDUCATION COMMITTEE, to whom has been referred
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0021|
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0022| HOUSE BILL 1190
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0023|
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0024| has had it under consideration and reports same WITHOUT
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0025| RECOMMENDATION, and thence referred to the
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0001| APPROPRIATIONS AND FINANCE COMMITTEE.
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008|
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0009| Samuel F. Vigil, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 10 For 0 Against
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0019| Yes: 10
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0020| Excused: McSherry, Nicely, Wright
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0021| Absent: None
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0022|
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0023|
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0024|
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0025| G:\BILLTEXT\BILLW_97\H1190
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