HOUSE BILL 472
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO SCHOOL PERSONNEL; ENACTING THE CAREER TECHNICAL EDUCATION COMMUNITY EDUCATORS ACT; ALLOWING THE LICENSURE AND CONTRACTING OF CAREER TECHNICAL EDUCATION COMMUNITY EDUCATORS; REQUIRING SATISFACTORY CLEARANCE OF FINGERPRINT-BASED BACKGROUND CHECKS AND PARTICIPATION IN THE PERFORMANCE EVALUATION PROCESS; ALLOWING FOR A TERMINATION OF CONTRACT; EXEMPTING CAREER TECHNICAL EDUCATION COMMUNITY EDUCATORS FROM THE PROVISIONS OF THE EDUCATIONAL RETIREMENT ACT, THE PUBLIC EMPLOYEES RETIREMENT ACT AND THE DEFERRED COMPENSATION ACT.
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 "Career Technical Education Community Educators Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITION.--As used in the Career Technical Education Community Educators Act, "community educator" means a person licensed by the department to teach a career technical education course as a community educator at a public school."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] LICENSURE OF COMMUNITY EDUCATORS--ELIGIBILITY FOR LICENSURE.--The department may license a person as a community educator who:
A. has earned an industry-recognized credential, earned at least a bachelor's degree or holds a state recognized license in each area of subject-matter expertise in which the community educator will teach;
B. has a minimum of three years experience in each area of subject-matter expertise in which the community educator will teach; and
C. completes a department-approved pedagogy course provided by the department, a 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."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] COMMUNITY EDUCATOR CONTRACT FOR SERVICES--SALARY--TERMINATION OF CONTRACT.--
A. A contract for services offered to a community educator shall provide that the community educator render services to students in grades seven through twelve only.
B. The amount of compensation to be received by the community educator shall be commensurate with the salary of a first-year teacher employed by the school district or charter school in which the community educator is teaching, prorated for the community educator's workload.
C. The contract for services shall specify that the community educator 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 community educator is not an individually named party.
D. A local superintendent or the head administrator of a charter school may terminate the contract for services without cause at any time during the contract period.
E. A local school board or a governing body of a charter school may include in the contract for services additional terms not in contravention of the Career Technical Education Community Educators 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. Community educators 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; and
(2) participate in the performance evaluation process in the same manner as licensed school employees pursuant to Section 22-10A-19 NMSA 1978.
B. The provisions of the School Personnel Act shall apply to community educators.
C. The community educator shall provide services not to exceed one-half of a full-time teacher's workload.
D. A local school board or a governing body of a charter school shall not have more than ten percent of any school's classes taught by community educators."
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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