HOUSE BILL 39
54th legislature - STATE OF NEW MEXICO - first session, 2019
Miguel P. Garcia
RELATING TO PUBLIC SCHOOLS; ENACTING THE NATIVE NEW MEXICAN TEACHER INCENTIVE PAY ACT; PROVIDING FOR IMPLEMENTATION AND ADMINISTRATION OF AN INCENTIVE PAY PROGRAM FOR NATIVE NEW MEXICANS WHO AGREE TO TEACH IN CERTAIN ELEMENTARY SCHOOLS; PROVIDING CONDITIONS; CREATING A FUND; MAKING AN APPROPRIATION.
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 "Native New Mexican Teacher Incentive Pay Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Native New Mexican Teacher Incentive Pay Act:
A. "incentive contract" means an agreement entered into between a native New Mexican teacher and a school district or charter school by which the native New Mexican teacher is hired to teach in a qualified school, which agreement runs coextensively with the native New Mexican teacher's employment contract;
B. "incentive pay" means the amount of money a native New Mexican teacher receives above the native New Mexican teacher's base salary based on the native New Mexican teacher's training and experience and the school district's or charter school's compensation plan;
C. "native New Mexican teacher" means a level 3-A teacher who has a valid New Mexico birth certificate and meets other qualifications to be a recipient of incentive pay;
D. "program" means the native New Mexican teacher incentive pay program; and
E. "qualified school" means a public elementary school in which eighty-five percent or more of the students are ethnic minorities and the school was rated D or F in the last school rating pursuant to the A-B-C-D-F Schools Rating Act."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] NATIVE NEW MEXICAN TEACHER INCENTIVE PAY PROGRAM--APPLICATION--ELIGIBILITY.--
A. The department shall establish a ten-year "native New Mexican teacher incentive pay program" for the 2019-2020 through 2028-2029 school years at qualified schools. The purpose of the program is to authorize the hiring and payment of incentive pay for native New Mexican teachers to fill teaching vacancies at qualified schools to help those schools raise their school grade at least one letter grade each year until the qualified school achieves and maintains an A letter grade. The program shall be designed to support six five-year cohorts of native New Mexican teachers who receive incentive pay for participating in the program. One cohort of native New Mexican teachers shall be hired each school year beginning with the 2019-2020 school year and ending with the 2024-2025 school year. Based on the number of applications received, the department may approve the participation of as many native New Mexican teachers in a cohort as there is money in the native New Mexican teacher incentive fund to pay the incentives.
B. The department shall administer the program and promulgate rules to carry out the provisions of the Native New Mexican Teacher Incentive Pay Act. In designing and implementing the program, the department, in consultation with school districts and qualified schools, shall determine the form and content of data collected for the program. The department shall monitor and evaluate the efficacy of the program and make periodic and final reports on its findings and recommendations to the legislative education study committee and the legislative finance committee.
C. The program is open to a native New Mexican teacher who:
(1) holds national board for professional teaching standards certification or holds a master's degree plus at least eight additional credit hours;
(2) is rated as a highly effective or exemplary teacher; and
(3) signs an incentive contract with a school district or charter school to teach in a qualified school.
D. A native New Mexican teacher hired to fill a vacancy pursuant to this section shall receive incentive pay of three thousand dollars ($3,000) above the teacher's base salary each year the teacher is in the program.
E. The incentive contracts for cohort participants may be renewed each year for a total of five years. Renewal of the incentive contract is based on the native New Mexican teacher's performance evaluation. A participating native New Mexican teacher who continues to receive a rating of highly effective or exemplary is eligible for renewal of the incentive contract.
F. A qualified school shall apply for the program on forms provided by the department, and the application shall include the qualifications of teacher candidates for the program, if known. The application shall be signed by the qualified school principal and the local superintendent or the local superintendent's authorized representative."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] FAILURE TO COMPLETE TERMS OF CONTRACT.--
A. A native New Mexican teacher who fails to complete a school year of service and perform as described in the incentive contract shall:
(1) repay to the state all incentive pay received during the year by the native New Mexican teacher up to the date the contract is terminated; or
(2) in consultation with the department, establish alternative terms of repayment or service deemed sufficient by the department.
B. If a native New Mexican teacher falls below highly effective in the annual evaluation or if the qualified school does not improve its school grade, the school principal, in consultation with the local superintendent or the local superintendent's authorized representative, may refuse to renew the native New Mexican teacher's incentive contract with the qualified school. The refusal to renew an incentive contract does not affect rights afforded to teachers pursuant to the School Personnel Act.
C. A native New Mexican teacher, affected school principals and the local superintendent may agree to allow a native New Mexican teacher to relocate to another qualified school without loss of incentive pay if the native New Mexican teacher maintains the required qualifications."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] NATIVE NEW MEXICAN TEACHER INCENTIVE FUND CREATED--USE.--The "native New Mexican teacher incentive fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund shall revert to the general fund at the end of fiscal year 2030. Money in the fund is appropriated to the department to carry out the purposes of the Native New Mexican Teacher Incentive Pay Act. Money in the fund shall be expended on warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative."
SECTION 6. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the native New Mexican teacher incentive fund for expenditure in fiscal year 2020 and subsequent fiscal years through the 2028-2029 school year to carry out the purposes of the Native New Mexican Teacher Incentive Pay Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2030 shall revert to the general fund.
SECTION 7. APPLICABILITY.--The provisions of this act apply to the 2019-2020 through 2028-2029 school years.
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