45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO PUBLIC SCHOOLS; REQUIRING PARENTAL NOTIFICATION WHEN PUBLIC SCHOOL STUDENTS RECEIVE SERVICES FROM INDIVIDUALS WHO DO NOT HOLD STANDARD CERTIFICATES.

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

Section 1. Section 22-10-3 NMSA 1978 (being Laws 1975, Chapter 306, Section 3, as amended) is amended to read:

"22-10-3. CERTIFICATE REQUIREMENT--TYPES OF

CERTIFICATES--FORFEITURE OF CLAIM--EXCEPTION--ADMINISTRATOR APPRENTICESHIP.--

A. [Any person] An individual teaching, supervising an instructional program, counseling or providing special instructional services in a public school or state agency, [any person] an individual administering in a public school and [any person] an individual providing health care and administering medication or performing medical procedures in a public school shall hold a valid certificate authorizing the [person] individual to perform that function.

B. All certificates issued by the state board shall be standard certificates except that the state board may issue alternative, substandard and substitute certificates under certain circumstances. If [a person] an individual applies for and is qualified to receive an alternative certificate, the state board shall issue an alternative certificate to [a person] an individual not meeting the requirements for a standard certificate. If a local school board or the governing authority of a state agency certifies to the state board that an emergency exists in the hiring of a qualified [person] individual, the state board may issue a substandard certificate to [a person] an individual not meeting the requirements for a standard certificate. The state board may also issue a substitute certificate to [a person] an individual not meeting the requirements for a standard certificate to enable the [person] individual to perform the functions of a substitute teacher pursuant to the rules of the state board. All substandard certificates issued shall be effective for only one school year. An alternative certificate may be effective for up to three years, provided that after [a person] an individual has satisfactorily completed a minimum of one year up to three years of teaching under the supervision of a mentor or clinical supervisor, the state board shall issue a standard certificate to that [person] individual. No [person] individual under the age of eighteen years shall hold a valid certificate, whether a standard, alternative or substandard.

C. [Any person] An individual teaching, supervising an instructional program, counseling or providing special instructional services in a public school or state agency and [any person] an individual administering in a public school without a valid certificate after the first three months of the school year shall thereafter forfeit all claim to compensation for services rendered.

D. This section shall not apply to [a person] an individual performing the functions of a practice teacher as defined in the rules of the state board.

E. Any school nurse certified by the department of education shall also be licensed by the board of nursing.

F. Notwithstanding any existing requirements, [any person] an individual seeking certification as an administrator shall be required to serve a one-year apprenticeship. The state board shall develop criteria and rules to implement the provisions of this subsection.

G. A local superintendent shall give written notice to the parents of those students who are receiving services at a public school for longer than thirty days by an individual who does not hold a standard certificate authorizing that individual to provide those services. For purposes of this subsection, "services" means the provision of the following in a public school:

(1) teaching;

(2) supervising an instructional program;

(3) counseling;

(4) providing special instructional services;

(5) administering;

(6) providing health care and administering medications; or

(7) performing medical procedures.

H. For purposes of providing notice pursuant to the provisions set forth in Subsection G of this section, the local superintendent shall:

(1) ensure that the notice is provided not later than the thirtieth consecutive instructional day following the assignment of that individual to the classroom, administration, program or medical facility;

(2) ensure that the notice is provided in a bilingual form to a parent whose primary language is not English;

(3) retain a copy of the notice; and

(4) ensure that information relating to teacher licensure is available to the public upon request."