HOUSE BILL 199

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Mimi Stewart

 

 

 

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

 

AN ACT

RELATING TO EDUCATION; PROVIDING FOR A LICENSURE AND COMPENSATION FRAMEWORK FOR CERTAIN INSTRUCTIONAL SUPPORT PROVIDERS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

 

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

     Section 1. Section 22-10A-17 NMSA 1978 (being Laws 2003, Chapter 153, Section 48, as amended) is amended to read:

     "22-10A-17. INSTRUCTIONAL SUPPORT PROVIDER LICENSES.--

          A. The department shall license instructional support providers [including educational assistants, school counselors, school social workers, school nurses, speech-language pathologists, psychologists, physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, recreational therapists, interpreters for the deaf, diagnosticians and other service providers]. The department [may] shall provide a [professional] progressive licensing framework in which licensees can advance in their careers through the demonstration of increased competencies and the undertaking of increased duties.

          B. [The department shall provide by rule for the requirements for licensure of types of instructional support providers.] If an instructional support provider practices a licensed profession, [he] the instructional support provider shall provide evidence satisfactory to the department that [he] the instructional support provider holds a current, unsuspended license in the profession for which [he] the instructional support provider is applying to provide instructional support services. The instructional support provider shall notify the school district and department immediately if [his] the instructional support provider's professional license is suspended, revoked or denied. Suspension, revocation or denial of a professional license shall be just cause for discharge or termination and suspension, revocation or denial of the instructional support provider license.

          C. If an instructional support provider practices a licensed profession that requires a bachelor's or higher degree, the instructional support provider shall be licensed as provided in Section 2 of this 2007 act. If the instructional support provider does not practice a licensed profession or practices a profession or occupation that does not require at least a bachelor's degree, the instructional support provider shall be licensed as provided by specific law or by rule of the department. The department may designate licenses of instructional support providers licensed by rule as numeric levels or any other designation it determines as long as the licensure denotes a progressive framework."

     Section 2. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] PROFESSIONAL INSTRUCTIONAL SUPPORT PROVIDER LICENSING FRAMEWORK--REQUIREMENTS AND SALARY.--

          A. This section applies to professional instructional support providers whose professional duties require a bachelor's or higher degree to practice in public schools.

          B. The department shall issue professional instructional support provider licenses endorsed for the applicable professions to applicants who meet the requirements for each level of licensure. In determining the appropriate licensure level for an applicant, the department shall adopt rules to consider verified employment as a certified professional in a clinical or parallel setting in lieu of experience in a school setting.

          C. A level one professional instructional support provider license is a provisional license for the first three years of practice in a school setting that gives a beginning instructional support provider the opportunity, through a formal mentorship program, for additional preparation to be an instructional support provider in the endorsed profession listed on the license. As a condition of licensure, the instructional support provider is required to undergo a formal mentorship program and an annual intensive performance evaluation by a school administrator or a level three professional instructional support provider endorsed for the same profession as the licensee for three full school years before applying for a level two license. At the end of each year and at the end of the license period, the level one professional instructional support provider shall be evaluated for competency. If the instructional support provider has not demonstrated satisfactory progress and competence by the end of the three-year period, the provider shall not be granted a level two license. Except in exigent circumstances defined by department rule, a level one professional instructional support provider license shall not be extended beyond the initial three-year period and shall not be renewed. The department shall issue a level one professional instructional support provider license to an applicant who is at least eighteen years of age and who:

                (1) if required to do so, holds a license or certification in the professional area in which the provider seeks to practice in a school setting; and

                (2) meets other qualifications for level one licensure as determined by the department, including clearance of the required background check.

          D. A level two professional instructional support provider license is granted to an instructional support provider who is a fully qualified professional who annually demonstrates essential competencies. The department shall issue a level two professional instructional support provider license to an applicant who successfully completes the three-year level one professional license or is granted reciprocity as provided by department rule and meets other qualifications as required by the department. If a level two professional instructional support provider does not demonstrate essential competency in a given school year, the school district shall provide the provider with additional professional development and peer intervention during the following school year. To maintain the nine-year level two professional instructional support provider license, the licensee shall:

                (1) demonstrate essential competency required by the department as verified by the local superintendent through annual evaluations;

                (2) hold a valid license or certification in the licensee's profession; and

                (3) meet all continuing education requirements of the licensee's profession.

          E. A level three professional instructional support provider license is granted to an instructional support provider who is a fully qualified professional who demonstrates leadership competencies beyond those required for a level two license. A level three license shall be granted to an applicant who has been a level two professional instructional support provider for at least three years or is granted reciprocity as provided by department rule and meets other qualifications as required by the department, including successful demonstration of essential and leadership competencies. If a level three professional instructional support provider does not demonstrate essential and leadership competencies in a given school year, the school district shall provide the provider with additional professional development and peer intervention during the following school year. To maintain the nine-year level three professional instructional support provider license, the licensee shall:

                (1) demonstrate essential and leadership competencies required by the department as verified by the local superintendent through annual evaluations;

                (2) hold a valid license or certification in the licensee's profession;

                (3) meet all continuing education requirements of the licensee's profession; and

                (4) hold an advanced degree or certification as required by department rule.

          F. Beginning with the 2008-2009 school year, with the adoption by the department of a highly objective performance evaluation for professional instructional support providers, the minimum salaries for professional instructional support providers licensed pursuant to this section shall be as follows:

                (1) for level one professional instructional support providers, for the school year following adoption of the performance evaluation, thirty thousand dollars ($30,000);

                (2) for level two professional instructional support providers, for the first school year following adoption of the performance evaluation, forty thousand dollars ($40,000); and

                (3) for level three professional instructional support providers, for the first school year following adoption of the performance evaluation and the adoption of the minimum of fifty thousand dollars ($50,000) salary for level three teachers, fifty thousand dollars ($50,000).

          G. The department shall consult with professional licensing boards and professional organizations in the development of the three-level licensure system to include essential and leadership competencies and the performance evaluation instruments."

     Section 3. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2007 and 2008 to establish a progressive licensure and compensation framework for all instructional support providers and to develop and implement a highly objective performance evaluation for professional instructional support providers by June 30, 2008. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

     Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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