SENATE BILL 988
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO SCHOOL PERSONNEL; CHANGING THE CALCULATION FOR MINIMUM SALARIES OF SCHOOL PRINCIPALS AND ASSISTANT SCHOOL PRINCIPALS; PROVIDING FOR A LICENSURE AND COMPENSATION FRAMEWORK FOR CERTAIN INSTRUCTIONAL SUPPORT PROVIDERS; PROVIDING A LICENSING FRAMEWORK AND MINIMUM SALARIES FOR EDUCATIONAL ASSISTANTS; PROVIDING MINIMUM SALARIES FOR CLERKS, SECRETARIES AND BOOKKEEPERS IN SCHOOL DISTRICTS; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-10A-2 NMSA 1978 (being Laws 1975, Chapter 306, Section 2, as amended) is amended to read:
"22-10A-2. DEFINITIONS.--As used in the School Personnel Act:
A. "discharge" means the act of severing the employment relationship with a certified school employee prior to the expiration of the current employment contract;
B. "responsibility factor" means a value of 1.20 for an elementary school principal, 1.40 for a middle school or junior high school principal, 1.60 for a high school principal, 1.10 for an assistant elementary school principal, 1.15 for an assistant middle school or assistant junior high school principal and 1.25 for an assistant high school principal;
[B.] C. "state agency" means any state institution or state agency providing an educational program requiring the employment of certified school instructors;
[C.] D. "sabbatical leave" means leave of absence with pay as set by the local school board or governing authority of a state agency during all or part of a regular school term for purposes of study or travel related to the staff member's duties and of direct benefit to the instructional program;
[D.] E. "terminate" means, in the case of a certified school employee, the act of not reemploying an employee for the ensuing school year and, in the case of a noncertified school employee, the act of severing the employment relationship with the employee;
[E.] F. "working day" means every calendar day, excluding Saturday, Sunday or legal holiday; and
[F.] G. "just cause" means a reason that is rationally related to an employee's competence or turpitude or the proper performance of [his] the employee's duties and that is not in violation of the employee's civil or constitutional rights."
Section 2. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended by Laws 2005, Chapter 315, Section 8 and by Laws 2005, Chapter 316, Section 5) is amended to read:
"22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS AND SCHOOL ADMINISTRATORS.--
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 as follows:
(1) for the 2003-2004 school year, thirty thousand dollars ($30,000);
(2) for the 2004-2005 school year, thirty-five thousand dollars ($35,000);
(3) for the 2005-2006 school year, forty thousand dollars ($40,000);
(4) for the 2006-2007 school year, forty-five thousand dollars ($45,000); and
(5) for the 2007-2008 school year, fifty thousand dollars ($50,000).
D. A level three-B license is a nine-year license granted to a school administrator who meets the qualifications for that level. Licenses may be renewed upon satisfactory annual demonstration of instructional leader and administrative competency.
E. The department shall grant a level three-B license to an applicant who has been a level three-A [instructional leader] teacher for at least one year, has satisfactorily completed department-approved courses in administration and a department-approved administration apprenticeship program and demonstrates instructional leader competence required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation.
[F. Beginning with the 2007-2008 school year, the standard contract and minimum annual salary for a level three-B school principal shall be based on the size of the school in which the school principal is employed, as follows:
(1) for school principals of schools with two hundred or fewer students, a minimum salary of
fifty-eight thousand dollars ($58,000) for a standard
ten-month contract;
(2) for school principals of schools with two hundred one to four hundred students, a minimum salary of sixty thousand dollars ($60,000) for a standard ten-month contract;
(3) for school principals of schools with four hundred one to six hundred students, a minimum salary of sixty-two thousand dollars ($62,000) for a standard ten-month contract;
(4) for school principals of schools with six hundred one to eight hundred students, a minimum salary of sixty-four thousand dollars ($64,000) for a standard
ten-month contract;
(5) for school principals of schools with eight hundred one to one thousand students, a minimum salary of sixty-six thousand dollars ($66,000) for a standard
ten-month contract; and
(6) for school principals of schools with more than one thousand students, a minimum salary of
sixty-eight thousand dollars ($68,000) for a standard
ten-month contract.]
F. Beginning with the 2007-2008 school year, the minimum annual salary for a level three-B school principal or assistant school principal shall be fifty thousand dollars ($50,000) multiplied by the applicable responsibility factor.
G. By the beginning of the 2008-2009 school year, the department shall adopt a highly objective uniform statewide standard of evaluation for level three-B 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."
Section 3. 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 4. 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 5. 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 other levels of educational assistant licensure. 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, twelve thousand dollars ($12,000);
(2) for level two educational assistants, thirteen thousand dollars ($13,000), to be implemented in fiscal year 2008;
(3) for level three educational assistants, fifteen thousand dollars ($15,000), to be implemented in fiscal year 2009; and
(4) for level four educational assistants, seventeen thousand dollars ($17,000), to be implemented in fiscal year 2010.
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, 2007 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, 2008."
Section 6. A new section of the School Personnel Act is enacted to read:
"[NEW MATERIAL] UNLICENSED SCHOOL EMPLOYEES--MINIMUM SALARIES.--School districts shall implement a career salary framework for clerks, secretaries and bookkeepers that provides the following:
A. the minimum salary for clerks shall be:
(1) for entry level clerks with up to five years' experience, seven dollars fifty cents ($7.50) per hour or the state minimum wage, whichever is higher;
(2) for intermediate level clerks with five to ten years' experience, ten dollars ($10.00) per hour; and
(3) for advanced level clerks with ten to twenty years' experience, thirteen dollars ($13.00) per hour;
B. the minimum salary for secretaries shall be:
(1) for entry level secretaries with up to five years' experience, ten dollars ($10.00) per hour;
(2) for intermediate level secretaries with five to ten years' experience, twelve dollars ($12.00) per hour; and
(3) for advanced level secretaries with ten to twenty years' experience, fourteen dollars ($14.00) per hour; and
C. the minimum salary for bookkeepers shall be:
(1) for entry level bookkeepers with up to five years' experience, fourteen dollars ($14.00) per hour;
(2) for intermediate level bookkeepers with five to ten years' experience, fifteen dollars ($15.00) per hour; and
(3) for advanced level bookkeepers with ten to twenty years' experience, sixteen dollars ($16.00) per hour."
Section 7. TEMPORARY PROVISION--LICENSE TRANSITION.--The public education department shall promulgate rules to transition from the license system in effect on June 30, 2007 to the license system provided for in Section 5 of this act.
Section 8. APPROPRIATIONS.--
A. Four million two hundred thousand dollars ($4,200,000) is appropriated from the general fund to the public school fund for distribution through the state equalization guarantee distribution in fiscal year 2008 to implement minimum salaries for school principals and assistant principals in the 2007-2008 school year. Any undistributed amount remaining at the end of fiscal year 2008 shall revert to the general fund.
B. Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 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.
C. Four million dollars ($4,000,000) is appropriated from the general fund to the public school fund for distribution through the state equalization guarantee for expenditure in fiscal year 2008 to pay the cost of implementing a minimum salary for educational assistants holding level two, level three or level four licenses. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
D. Four million dollars ($4,000,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2008 to raise clerks, secretaries and bookkeepers in school districts to minimum salary levels. The salary increases shall be effective the first full pay period after July 1, 2007. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
Section 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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