SENATE BILL 13

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Michael Padilla

 

 

 

 

 

AN ACT

RELATING TO PUBLIC EDUCATION; INCREASING MINIMUM SALARIES FOR SPECIAL EDUCATION TEACHERS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-10A-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended by Laws 2019, Chapter 206, Section 21 and by Laws 2019, Chapter 207, Section 21) 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 and vocational education.

          G. The minimum salary for a level one teacher is forty thousand dollars ($40,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time.

          H. The minimum salary for a level one teacher who is licensed by the department in special education and provides special education services is fifteen percent more than the minimum salary for a level one teacher as provided in Subsection G of this section."

     SECTION 2. Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended by Laws 2019, Chapter 191, Section 1 and by Laws 2019, Chapter 206, Section 22 and also by Laws 2019, Chapter 207, Section 22) 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 has successfully taught at least three, but no more than five, years as a level one teacher or an alternative level one teacher, or a combination of the two, or is granted reciprocity as provided by department rules. An applicant for a level two license shall:

                (1) demonstrate essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and

                (2) meet 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 and vocational education.

          D. The minimum salary for a level two teacher is fifty thousand dollars ($50,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time.

          E. The minimum salary for a level two teacher who is licensed by the department in special education and provides special education services is fifteen percent more than the minimum salary for a level two teacher as provided in Subsection D of this section."

     SECTION 3. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended by Laws 2019, Chapter 206, Section 23 and by Laws 2019, Chapter 207, Section 23) is amended to read:

     "22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS.--

          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. The minimum salary for a level three-A teacher is sixty thousand dollars ($60,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time.

          D. The minimum salary for a level three-A teacher who is licensed by the department in special education and provides special education services is fifteen percent more than the minimum salary for a level three-A teacher as provided in Subsection C of this section.

          [D.] E. The minimum salary for a counselor who holds a level three or three-A license as provided in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection C of this section."

     SECTION 4. APPLICABILITY.--The provisions of this act apply to school personnel contracted to provide services for summer 2020 K-5 plus programs in fiscal year 2020 and to all school personnel in fiscal year 2021 and subsequent fiscal years.

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