HOUSE BILL 42
54th legislature - STATE OF NEW MEXICO - first session, 2019
Miguel P. Garcia
RELATING TO PUBLIC SCHOOLS; ENACTING THE TEACHER INCENTIVE PAY ACT; PROVIDING FOR IMPLEMENTATION AND ADMINISTRATION OF AN INCENTIVE PAY PROGRAM FOR TEACHERS 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 "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 Teacher Incentive Pay Act:
A. "incentive contract" means an agreement entered into between a teacher recipient and a school district or charter school by which the teacher recipient is hired to teach in a qualified school, which agreement runs coextensively with the teacher recipient's employment contract;
B. "incentive pay" means the amount of money a teacher recipient receives above the teacher recipient's base salary based on the teacher recipient's training and experience and the school district's or charter school's compensation plan;
C. "program" means the teacher incentive pay program;
D. "qualified school" means a public elementary school in which at least ninety percent of the students are qualified for free or reduced-fee lunch and the school was rated D or F in the last school rating pursuant to the A-B-C-D-F Schools Rating Act; and
E. "teacher recipient" means a person who holds a level 3-A teaching license and who has entered into an incentive contract with a school district or charter school."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHER INCENTIVE PAY PROGRAM-- APPLICATION--ELIGIBILITY.--
A. The department shall establish a ten-year "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 of and payment of incentive pay for teacher recipients 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 teacher recipients who receive incentive pay while participating in the program. One cohort of 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 teacher recipients as there is money in the teacher incentive fund to pay the incentives.
B. The department shall administer the program and promulgate rules to carry out the provisions of the 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 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 teacher recipient 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 of cohort participants may be renewed each year for a total of five years. Renewal of an incentive contract is based on the teacher recipient's performance evaluation. A teacher recipient who receives a rating of highly effective or exemplary shall be 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 teacher recipient 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 teacher recipient 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 teacher recipient falls below highly effective in the teacher recipient's 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 teacher recipient'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 teacher recipient, affected school principals and the local superintendent may agree to allow a teacher recipient to relocate to another qualified school without loss of incentive pay if the teacher recipient maintains the required qualifications."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHER INCENTIVE FUND CREATED--USE.--The "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 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 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 Teacher Incentive Pay Act. Any unexpended or unencumbered balance 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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