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F I S C A L I M P A C T R E P O R T
SPONSOR Papen
ORIGINAL DATE
LAST UPDATED
2-1-2007
HB
SHORT TITLE Instructional Support Provider Licensure
SB 188
ANALYST Dearing
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$250.0
Nonrecurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$250.0
$250.0
Non-
recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to Appropriation in the General Appropriation Act
SOURCES OF INFORMATION
LFC Files
LESC Files
Responses Received From
Public Education Department (PED)
Department of Finance and Administration (DFA)
SUMMARY
FISCAL IMPLICATIONS
Synopsis of Bill
Senate Bill 188 appropriates $250 thousand from the general fund for expenditure in FY07 and
FY08 to the public education department for creating a licensure and compensation framework
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Senate Bill 188 – Page
2
for certain instructional support providers. Enactment of Senate Bill 188 includes an FY09
migration to a three-tiered minimum salary structure similar to that existing for the State’s
teachers, with levels at $30,000, $$40,000, and $50,000 for specified instructional support
providers.
The bill declares an emergency.
Although this legislation appropriates $250 thousand in FY08, there is an additional, recurring
cost to provide three-tiered licensure. The cost estimated for an FY07 proposal had been $6.2
million. It should be noted that this cost is dependent on the level of “other" compensation
increases prior to the 2009 implementation of the bill’s provisions and would be at progressively
lower levels when including intermediate compensation increases. Under various compensation
scenarios, the FY09 costs to implement a three-tiered salary structure for instructional support
providers ranges from a high of $6.3 million to as low as $4.1 million, depending on the
incremental intermediate compensation increases.
Based on the cost of the evaluation system design for the teacher evaluation system and the time
required to implement it, the PED estimates an annual cost of $250.0 for at least two years to
accomplish the evaluation system design. PED’s estimate includes a temporary education
admininistrator-O position or equivalent contractor for six months (1,040 hours @ $22.74) with
benefits (30%) or a total annual staff cost of $30.7 and other administrative costs as necessary.
The LFC remains concerned about increasing recurring out-year general fund obligations.
SIGNIFICANT ISSUES
The fiscal impact on PED and on public school districts from this legislation appears to be
significant, however, will be a recurring out-year increase to existing salary expenditure. The
appropriation of $250 thousand to create a licensure and compensation framework for certain
instructional support providers will be a preliminary expenditure prior to the incorporation of a
three-tiered salary structure for this group. Based on the cost of the evaluation system design for
the teacher evaluation system and the time required to implement it, the department estimates an
annual cost of $250 thousand and at least two years to accomplish this work.
The term “instructional support provider" covers approximately twenty professional positions
including nurses, audiologists; diagnosticians; speech language pathologists; occupational,
recreational, and physical therapists; psychologists, counselors, and others. Further, provisions
contained in the bill require the evaluation system to be in place prior to the implementation of
the salary structure.
The bill authorizes PED to adopt rules considering verified employment as a certified
professional in a clinical or parallel setting in lieu of experience in a school setting when
determining placement of instructional support providers in the licensure levels.
PERFORMANCE IMPLICATIONS
The Office of Educational Accountability notes increasing the rigor of the evaluation system for
instructional support providers may address one of New Mexico’s biggest challenges in terms of
helping schools meet the NCLB requirements of Adequate Yearly Progress (AYP). Many of the
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Senate Bill 188 – Page
3
instructional providers including physical therapists, speech language pathologists, social
workers, and diagnosticians work with students with disabilities. Much of the burden of helping
students with disabilities falls on the shoulders of instructional support providers.
ADMINISTRATIVE IMPLICATIONS
Provisions contained in the bill require PED to provide a progressive licensing framework as
well as develop a highly objective performance evaluation. The department notes the effort
required to develop and implement the teacher evaluation.
TECHNICAL ISSUES
It is important to note that classroom teachers, after a few years of teaching, become instructional
support providers particularly with respect to teachers who become counselors. Under
provisions contained in this bill, a level 2 or level 3A teacher who became a counselor would
have to start as a level one instructional support provider licensure. The individual could be
forced to move from a minimum $40,000 teacher salary back to a minimum $30,000
instructional support provider salary. The provision on page 3, lines 16-20 do not clearly
authorize the department to establish in rules how a new instructional support provider could be
placed at level two or three in order with respect to the level of teaching license.
The bill authorizes reciprocity of instructional support provider licensure with other states. The
bill also requires that providers work at levels one and two for three full years before
advancement to the next higher licensure level.
The evaluation system must be adopted by 2008-2009, in order to migrate to a three-tiered salary
structure.
OTHER SUBSTANTIVE ISSUES
PED notes that educational diagnosticians have completed their study and developed a rule and
an evaluation component for a three-tiered system. Their work could serve as a model for the
other instructional support providers.
PD/mt