SENATE BILL 440
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Ron Griggs
AN ACT
RELATING TO PUBLIC EDUCATION; ENACTING THE ADJUNCT SECONDARY INSTRUCTORS ACT; ALLOWING THE LICENSURE AND CONTRACTING OF ADJUNCT SECONDARY INSTRUCTORS; REQUIRING SATISFACTORY CLEARANCE OF FINGERPRINT-BASED BACKGROUND CHECKS AND PARTICIPATION IN THE PERFORMANCE EVALUATION PROCESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Adjunct Secondary Instructors Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Adjunct Secondary Instructors Act:
A. "adjunct secondary instructor" means a person who:
(1) has current licensure from the department as an adjunct secondary instructor; and
(2) is not a current teacher or other school employee under the Public School Code;
B. "contract for services" means an agreement between the local school board and an adjunct secondary instructor for the provision of services pursuant to the Adjunct Secondary Instructors Act;
C. "local school board" includes the governing body of a charter school;
D. "school district" includes a charter school;
E. "services" includes teaching courses in which the adjunct secondary instructor has subject-matter expertise; and
F. "subject-matter expertise" means the professional, technical or career expertise of an adjunct secondary instructor."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ADJUNCT SECONDARY INSTRUCTOR LICENSURE.-- A. The department may license as an adjunct secondary instructor a person who:
(1) has earned at least a bachelor's degree;
(2) has a minimum of three years' experience in each area of subject-matter expertise in which the adjunct secondary instructor will teach;
(3) passes the New Mexico teacher assessments in each area of subject-matter expertise in which the adjunct secondary instructor will teach;
(4) completes a department-approved pedagogy course provided by the department, a New Mexico public post-secondary educational institution, a school district or regional education cooperative in conjunction with a New Mexico public post-secondary educational institution or another provider approved by the department pursuant to Section 22-10A-7 NMSA 1978; and
(5) meets any other requirements established by rule by the department to carry out the provisions of the Adjunct Secondary Instructors Act, including participation in the same mentorship program, evaluation and other professional development requirements as level one teachers.
B. An adjunct secondary teacher's license shall be valid for two years, and, at that time, shall either expire or be converted into a level one, two or three alternative license or a level one, two or three teacher's license according to provisions of the School Personnel Act and an endorsement in the subject area taught, according to department rule."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] LOCAL SCHOOL BOARD--ADJUNCT SECONDARY INSTRUCTOR CONTRACT FOR SERVICES.--
A. A local school board may enter into a contract for services with an adjunct secondary instructor; provided that the local superintendent provides to the local school board a signed statement stating that a fully licensed instructor was sought through the same procedures that the district uses to recruit for any teacher vacancy and one was unavailable.
B. The contract for services shall provide that the adjunct secondary instructor render services to students in grades seven through twelve only.
C. The amount of compensation to be received by the adjunct secondary instructor shall be commensurate with the salary of a first-year teacher employed by the school district or charter school in which the adjunct secondary instructor is teaching, prorated for the adjunct secondary instructor's workload.
D. The adjunct secondary instructor shall provide services not to exceed one-half of a full-time teacher's workload. A local school board shall not have more than ten percent of any school's classes taught by adjunct secondary instructors.
E. The contract for services shall specify that the adjunct secondary instructor is ineligible for:
(1) health plan benefits;
(2) the accrual of service credit or employee or employer contributions under any coverage plan pursuant to the Educational Retirement Act, the Public Employees Retirement Act or the Deferred Compensation Act;
(3) any compensation other than the amount specified in the contract for services; and
(4) tenure under any law or rule or tenure under any agreement to which the adjunct secondary instructor is not an individually named party.
F. The terms of the contract for services and any renewal of the contract for services shall not exceed one school year. If, after two years of employment, the adjunct secondary instructor wishes to continue employment as a teacher in the same school and school district, the adjunct secondary instructor shall convert the adjunct secondary instructor license to an alternative teaching license. The department shall establish a process for adjunct secondary instructor licensure conversion to an alternative level one, two or three license, depending upon the adjunct secondary instructor's performance, experience and qualifications.
G. A local school board may terminate the contract for services without cause at any time during the contract period.
H. A local school board may include in the contract for services additional terms not in contravention of the Adjunct Secondary Instructors Act."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] APPLICABILITY OF SCHOOL PERSONNEL ACT-- BACKGROUND CHECKS--PERFORMANCE EVALUATIONS AND SALARY.--
A. Adjunct secondary instructors shall:
(1) satisfactorily clear a fingerprint-based background check in the same manner as licensed school employees pursuant to Section 22-10A-5 NMSA 1978;
(2) participate in the performance evaluation process in the same manner as licensed school employees pursuant to Section 22-10A-19 NMSA 1978; and
(3) be paid a salary commensurate with the salary of a first-year teacher employed by the school district or charter school in which the adjunct secondary instructor is teaching, prorated for the adjunct secondary instructor's workload.
B. The provisions of the School Personnel Act shall apply to adjunct secondary instructors."
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