HOUSE FLOOR SUBSTITUTE FOR
HOUSE BILL 67
51st legislature - STATE OF NEW MEXICO - second session, 2014
AN ACT
RELATING TO PUBLIC SCHOOL PERSONNEL; REDUCING THE DISTRIBUTION FROM THE TAX ADMINISTRATION SUSPENSE FUND TO THE LEGISLATIVE RETIREMENT FUND; PROVIDING FOR DISTRIBUTIONS FROM THE TAX ADMINISTRATION SUSPENSE FUND TO THE STATE EQUALIZATION GUARANTEE DISTRIBUTION FOR LEVEL ONE TEACHER SALARIES; PROVIDING FOR DISTRIBUTIONS FROM THE TAX ADMINISTRATION SUSPENSE FUND TO THE PUBLIC EDUCATION DEPARTMENT FOR CHILD ABUSE OR NEGLECT DETECTION AND REPORTING TRAINING AND FOR SCHOOL FIREARM VIOLENCE PREVENTION AND SECURITY TRAINING; RAISING THE MINIMUM SALARY INCREASE FOR A LEVEL ONE TEACHER; MAKING TECHNICAL CORRECTIONS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-1-6.43 NMSA 1978 (being Laws 2003, Chapter 86, Section 1) is amended to read:
"7-1-6.43. DISTRIBUTION TO LEGISLATIVE RETIREMENT FUND.--
A. A distribution pursuant to Section 7-1-6.1
NMSA 1978 shall be made to the legislative retirement fund in an amount equal to [two hundred thousand dollars ($200,000)] seventy-five thousand dollars ($75,000) or, if larger, one-twelfth of the amount necessary to pay out the retirement benefits due under state legislator member coverage plan 2 and Paragraph (2) of Subsection C of Section [10-11-42] 10-11-41 NMSA 1978 for the calendar year.
B. In December 2003 and in each December thereafter, the public employees retirement association, with the assistance of the legislative council service, shall determine the amount of those retirement benefits for the succeeding calendar year. If the monthly average exceeds [two hundred thousand dollars ($200,000)] seventy-five thousand dollars ($75,000), the association shall notify immediately the department of the average amount. That average amount shall be the amount distributed pursuant to Subsection A of this section as of the end of each month of the twelve consecutive months beginning with the December in which the determination was made."
SECTION 2. A new section of the Tax Administration Act is enacted to read:
"[NEW MATERIAL] DISTRIBUTION TO STATE EQUALIZATION GUARANTEE DISTRIBUTION FOR CERTAIN TEACHER SALARIES-- DISTRIBUTION TO THE PUBLIC EDUCATION DEPARTMENT FOR CHILD ABUSE OR NEGLECT DETECTION AND REPORTING TRAINING AND FOR SCHOOL FIREARM VIOLENCE PREVENTION AND SECURITY TRAINING.--
A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state equalization guarantee distribution to be distributed pursuant to Section 22-8-25 NMSA 1978 in an amount equal to eighty-three thousand three hundred thirty-three dollars ($83,333) to increase the minimum salary of level one teachers from thirty thousand dollars ($30,000) to thirty-three thousand dollars ($33,000) pursuant to Subsection G of Section 22-10A-7 NMSA 1978.
B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the public education department in an amount equal to twenty thousand eight hundred thirty-three dollars ($20,833) to provide training to licensed school employees in the detection and reporting of child abuse or neglect, including child sexual abuse; provided that the public education department shall not employ any additional persons to administer the training required by this subsection.
C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the public education department in an amount equal to twenty thousand eight hundred thirty-three dollars ($20,833) to provide training to public school employees in school firearm violence prevention and school firearm violence security; provided that the public education department shall not employ any additional persons to administer the training required by this subsection."
SECTION 3. Section 22-10A-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended) is amended to read:
"22-10A-7. LEVEL ONE LICENSURE.--
A. A level one license is a provisional five-year license for beginning teachers that requires as a condition of licensure that the licensee undergo a formal mentorship program for at least one full school year and an annual intensive performance evaluation by a school administrator for at least three full school years before applying for a level two license.
B. Each school district, in accordance with department rules, shall provide for the mentorship and evaluation of level one teachers. At the end of each year and at the end of the license period, the level one teacher shall be evaluated for competency. If the teacher fails to demonstrate satisfactory progress and competence annually, the teacher may be terminated as provided in Section 22-10A-24 NMSA 1978. If the teacher has not demonstrated satisfactory progress and competence by the end of the five-year period, the teacher shall not be granted a level two license.
C. Except in exigent circumstances defined by department rule, a level one license shall not be extended beyond the initial period.
D. The department shall issue a standard level one license to an applicant who is at least eighteen years of age who:
(1) holds a baccalaureate degree from an accredited educational institution;
(2) has successfully completed a department-approved teacher preparation program from a nationally accredited or state-approved educational institution;
(3) has passed the New Mexico teacher assessments examination, including for elementary licensure beginning January 1, 2013, a rigorous assessment of the candidate's knowledge of the science of teaching reading; and
(4) meets other qualifications for level one licensure, including clearance of the required background check.
E. The department shall issue an alternative level one license to an applicant who meets the requirements of Section 22-10A-8 NMSA 1978.
F. The department shall establish competencies and qualifications for specific grade levels, types and subject areas of level one licensure, including early childhood, elementary, middle school, secondary, special [education] and vocational education.
G. Beginning with the [2003-2004] 2014-2015 school year, with the adoption by the department of a highly objective uniform statewide standard of evaluation for level one teachers, the [minimum] salary for a level one teacher shall be [thirty thousand dollars ($30,000)] a minimum of thirty-three thousand dollars ($33,000) for a standard nine and one-half month contract.
H. Teachers who hold level one licenses on the effective date of the 2003 act must be evaluated by the end of the 2006-2007 school year."
SECTION 4. Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended by Laws 2005, Chapter 315, Section 7 and by Laws 2005, Chapter 316, Section 4) is amended to read:
"22-10A-10. LEVEL TWO LICENSURE.--
A. A level two license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates essential competency to teach. If a level two 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 issue a level two license to an applicant who successfully completes the level one license or is granted reciprocity as provided by department rules; demonstrates essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications as required by the department.
C. The department shall provide for qualifications for specific grade levels, types and subject areas of level two licensure, including early childhood, elementary, middle, secondary, special [education] and vocational education.
D. With the adoption by the department of the statewide objective performance evaluation for level two teachers, the minimum salary for a level two 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); and
(3) for the 2005-2006 school year, forty thousand dollars ($40,000)."
SECTION 5. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended) is amended to read:
"22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS, COUNSELORS 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:
(1) holds a level two license and meets the requirements for a level three-A license or who holds a current level two teacher's license and, for at least four years, has held the highest-ranked counselor license as provided in Chapter 22, Article 10A NMSA 1978 and rules promulgated by the department;
(2) holds a post-baccalaureate degree or national board for professional teaching standards certification;
(3) has satisfactorily completed department-approved courses in administration and a department-approved administration apprenticeship program; and
(4) 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 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, which includes data sources linked to student achievement and educational plan for student success progress, 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 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
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