SENATE BILL 523
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
James G. Taylor
AN ACT
RELATING TO PUBLIC SCHOOL PERSONNEL; PROVIDING A LICENSING FRAMEWORK FOR EDUCATIONAL ASSISTANTS; PROVIDING FOR MINIMUM SALARIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-10A-17.1 NMSA 1978 (being Laws 2004, Chapter 30, Section 1) is amended to read:
"22-10A-17.1. EDUCATIONAL ASSISTANTS--LICENSING FRAMEWORK--QUALIFICATIONS--MINIMUM SALARIES.--
A. All persons who perform services as educational assistants in public schools or [in those special state-supported schools within] state agencies must hold valid, educational assistants licensure issued by the [public education] department. Educational assistants shall be assigned and serve as assistants to school staff [duly] licensed by the [public education] department. While there may be [brief] periods when educational assistants are alone with and in control of a classroom of students, their primary use shall be to work alongside or under the direct supervision of [duly licensed staff] a teacher.
[B. The public education department will, through appropriate rules, institute a licensure system for educational assistants. The highest level of license must ensure that educational assistants who hold that level of licensure meet the standard for paraprofessionals established in federal statute and regulation for employment in a Title 1 program. Educational assistants hired on or after January 8, 2002, who provide instructional support in a Title 1 program, must meet the qualifications for the highest level of licensure on the effective date of this statute. Paraprofessionals hired prior to January 8, 2002, must meet the qualifications for the highest level of licensure by January 8, 2006.
C. The minimum annual salary for licensed educational assistants shall be twelve thousand dollars ($12,000) effective in the 2004-2005 school year.
D. The minimum salaries specified in Subsection C of this section may be adjusted in accordance with appropriations for that purpose in each school year as established by the secretary of public education.
E. School districts shall initiate the implementation of a career salary framework that supports the licensure system in public education department rules in fiscal year 2005.]
B. A level one educational assistant license is a provisional two-year license for beginning educational assistants who do not meet the qualifications for level three or level four educational assistant licenses. A level one educational assistant license requires as a condition of licensure that the educational assistant undergo an annual intensive performance evaluation by a school administrator or state agency indicating that the educational assistant has satisfactorily demonstrated educational assistant competencies for two full school years before applying for a level two license; provided, however, that a person may meet the qualifications for a level three or level four license and be licensed at one of those levels without first holding a level one license. A person seeking a level one educational assistant license shall meet the following requirements:
(1) hold a high school diploma or its equivalent;
(2) be eighteen years of age; and
(3) provide certification from the local superintendent or state agency that the person seeking licensure has satisfactorily completed an orientation session pertinent to the assignment.
C. A level two license is a nine-year license granted to an educational assistant who meets the qualifications for that level and who annually demonstrates educational assistant competencies. A person seeking a level two educational assistant license shall meet the following requirements:
(1) hold a high school diploma or its equivalent;
(2) be eighteen years of age;
(3) provide certification from the local superintendent or state agency that the person seeking licensure has satisfactorily completed an orientation session pertinent to the assignment; and
(4) provide certification from the local superintendent or state agency that the person seeking licensure has satisfactorily demonstrated the educational assistant competencies at level one for two full school years.
D. A level three license is a nine-year license granted to an educational assistant who meets the qualifications for that level and who annually demonstrates educational assistant competencies. A person seeking a level three educational assistant license shall meet the following requirements:
(1) hold a high school diploma or its equivalent;
(2) be eighteen years of age;
(3) provide certification from the local superintendent or state agency that the educational assistant has satisfactorily completed an orientation session pertinent to the assignment; and
(4) complete forty-eight semester hours of academic credit awarded by a nationally or regionally accredited college or university that include at least the following fifteen semester hours in nonremedial coursework:
(a) three hours of language arts-reading or language arts-reading pedagogy;
(b) three hours of writing or writing pedagogy;
(c) three hours of mathematics or mathematics pedagogy; and
(d) six hours of reading, writing and math readiness; professional education; classroom management; teaching assistance; or special education; or
(5) obtain a passing score of at least seventy percent on a test administered pursuant to department rules; or
(6) successfully demonstrate competency through a portfolio assessment administered pursuant to department rules.
E. A level four license is a nine-year license granted to an educational assistant who meets the qualifications for that level and who annually demonstrates educational assistant competencies. A person seeking a level four educational assistant license shall meet all of the requirements for holding a level three educational assistant license and, in addition, shall have earned an associate or higher degree from a nationally or regionally accredited college or university.
F. The minimum salaries for each licensure level for educational assistants employed by school districts or state agencies are:
(1) for level one educational assistants, eleven thousand dollars ($11,000);
(2) for level two educational assistants, thirteen thousand dollars ($13,000), to be implemented in fiscal year 2006;
(3) for level three educational assistants, fifteen thousand dollars ($15,000), to be implemented in fiscal year 2007; and
(4) for level four educational assistants, seventeen thousand dollars ($17,000), to be implemented in fiscal year 2008.
G. Each school district shall implement a career salary framework that supports the licensure system for educational assistants. Salary increments above the minimums required pursuant to Subsection F of this section constitute the remainder of the framework and shall be based on training and experience as well as other factors deemed appropriate by the school district.
H. Educational assistants holding licenses on July 1, 2005 shall continue to be licensed at that level for the term of the license. Licensees seeking to renew an educational assistant license shall meet the new requirements.
I. The department shall promulgate rules to ensure that educational assistants who hold level three or level four licenses meet the standard for paraprofessionals established in federal law and regulations for employment in a Title 1 program. Educational assistants hired on or after January 8, 2002 who provide instructional support in a Title 1 program shall meet the qualifications for level three or level four licensure on the effective date of this section. Educational assistants hired prior to January 8, 2002 who provide instructional support in a Title 1 program shall meet the qualifications for level three or level four licensure by January 8, 2006."
Section 2. TEMPORARY PROVISION--LICENSE TRANSITION.--The public education department shall promulgate rules to transition from the license system in effect on June 30, 2005 to the license system provided for in Section 1 of this act.
Section 3. APPROPRIATION.--Three million eight hundred thousand dollars ($3,800,000) is appropriated from the general fund to the public school fund for distribution through the state equalization guarantee for expenditure in fiscal year 2006 to pay the cost of implementing a minimum salary of thirteen thousand dollars ($13,000) for educational assistants holding level two, level three or level four licenses.
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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