0001| HOUSE BILL 1034
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PATSY G. TRUJILLO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC EDUCATION; ENACTING THE EDUCATOR PRACTICES
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0012| AND STANDARDS ACT; PROVIDING FOR TEACHER CERTIFICATION;
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0013| CREATING A BOARD; PRESCRIBING POWERS AND DUTIES; CREATING A
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0014| FUND; PROVIDING PENALTIES; AMENDING, REPEALING AND ENACTING
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0015| SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0019| through 14 of this act may be cited as the "Educator Practices
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0020| and Standards Act".
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0021| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the
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0022| Educator Practices and Standards Act:
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0023| A. "alternative license" means a license given a
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0024| person who does not meet all standards and requirements of the
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0025| board for licensure of professional educators and who, due to
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0001| compelling public interest, is working in a position normally
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0002| requiring a standard license, and who is making demonstrated
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0003| progress toward achieving a standard license;
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0004| B. "board" means the educator practices and
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0005| standards board;
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0006| C. "department" means the state department of
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0007| public education;
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0008| D. "executive director" means the executive
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0009| director of the board;
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0010| E. "professional educator" means a person teaching,
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0011| supervising an instructional program, counseling, supervising
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0012| library services, providing medical services to students, or
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0013| providing special instructional services in a public school or
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0014| state agency and any person administering in a public school or
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0015| state agency;
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0016| F. "special instructional services" means services
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0017| of a professional educator which enhance instruction or assist
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0018| in the delivery of instruction to students with special needs
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0019| in a public school;
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0020| G. "standard license" means the license given a
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0021| professional educator who meets all standards and requirements
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0022| of the board for licensure;
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0023| H. "substandard license" means the temporary
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0024| license given a person who does not meet all standards and
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0025| requirements of the board for licensure of professional
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0001| educators; and
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0002|
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0003| I. "substitute license" means a license given a
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0004| person who does not meet all standards and requirements of the
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0005| board for licensure of professional educators and who is
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0006| working in a position normally requiring a standard license in
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0007| the place of a licensed professional educator for a definite
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0008| period of time less than a full school year.
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0009| Section 3. [NEW MATERIAL] LICENSE REQUIRED.--
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0010| A. A professional educator employed by a public
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0011| school or state agency shall hold a license issued by the board
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0012| authorizing the person to perform that function.
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0013| B. All licenses issued by the board shall be
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0014| standard licenses, except that the board may issue substandard
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0015| and substitute licenses under certain circumstances. If a
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0016| local school board or the governing authority of a state agency
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0017| certifies to the board that an emergency exists in the hiring
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0018| of a qualified person, the board may issue a substandard
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0019| license to a person not meeting the requirements for a standard
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0020| license. The board may also issue a substitute license to a
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0021| person not meeting the requirements for a standard license to
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0022| enable the person to perform the functions of a substitute
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0023| teacher pursuant to the regulations of the board. All
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0024| substandard and substitute licenses issued shall be effective
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0025| for only one school year. No person under the age of eighteen
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0001| years shall hold a license, whether standard, substandard or
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0002| substitute.
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0003| C. A professional educator employed in a public
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0004| school without a license after the first three months of the
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0005| school year shall thereafter forfeit all claim to compensation
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0006| for services rendered.
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0007| D. This section shall not apply to a person
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0008| performing the functions of a practice teacher as defined in
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0009| the regulations of the board.
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0010| E. A school nurse licensed by the board shall also
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0011| be licensed by the board of nursing.
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0012| F. A person seeking licensure as an administrator
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0013| shall be required to serve a one-year apprenticeship. The
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0014| board shall develop criteria and regulations to implement the
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0015| provisions of this subsection.
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0016| G. It is unlawful for a person not licensed
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0017| pursuant to the Educator Practices and Standards Act or whose
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0018| license has been denied, suspended or revoked in this or
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0019| another state to hold himself out as a licensed professional
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0020| educator or to use words or titles containing licensed teacher,
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0021| school administrator, school counselor, school librarian or
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0022| other words that would indicate or imply that the person is
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0023| licensed as a professional educator.
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0024| Section 4. [NEW MATERIAL] LICENSE REQUIREMENTS.--
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0025| A. The board shall require a person seeking
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0001| licensure as an elementary or secondary education teacher to
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0002| complete the following minimum requirements in a college of
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0003| arts and sciences:
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0004| (1) twelve hours in English;
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0005| (2) twelve hours in history, including
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0006| American history and western civilization;
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0007| (3) six hours in mathematics;
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0008| (4) six hours in government, economics or
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0009| sociology;
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0010| (5) twelve hours in science, including
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0011| biology, chemistry, physics, geology, zoology and botany; and
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0012| (6) six hours in fine arts.
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0013| B. The board shall require, prior to licensure, no
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0014| less than fourteen weeks of student teaching, a portion of
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0015| which shall occur in the first thirty credit hours taken in the
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0016| college of education and shall be under the direct supervision
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0017| of a licensed teacher and a portion of which shall occur in the
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0018| student's senior year with the student teacher being directly
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0019| responsible for the classroom.
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0020| C. Nothing in this section shall preclude the board
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0021| from establishing or accepting equivalent requirements for
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0022| purposes of reciprocal licensure or minimum requirements for
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0023| alternative licensure.
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0024| D. Vocational teacher preparatory programs may be
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0025| exempt from Subsections A and B of this section upon a
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0001| determination by the board that other licensure requirements
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0002| are more appropriate for vocational teacher preparatory
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0003| programs.
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0004| Section 5. [NEW MATERIAL] BOARD CREATED.--
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0005| A. The "educator practices and standards board" is
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0006| created.
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0007| B. The board shall consist of eleven members
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0008| appointed by the governor subject to confirmation by the
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0009| senate. The board shall elect a chairman and other officers.
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0010| C. Nine members shall be licensed professional
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0011| educators, one member shall be a faculty member from a state
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0012| teacher education institution accredited by the national
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0013| council for the accreditation of teacher education and one
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0014| member shall be from the general public. Among the nine
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0015| licensed professional educators appointed to the board, each of
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0016| the following specialties and levels of education shall be
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0017| represented:
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0018| (1) elementary teachers;
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0019| (2) secondary teachers;
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0020| (3) special education teachers;
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0021| (4) counseling;
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0022| (5) school librarians;
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0023| (6) school nurses; and
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0024| (7) school administrators.
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0025| D. Seven of the licensed professional educators
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0001| appointed to the board shall be non-administrative
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0002| professionals and two of the members shall be administrators.
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0003| The governor shall select the non-administrative members of the
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0004| board from a list of nominated professionals submitted by the
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0005| national education association-New Mexico and the New Mexico
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0006| federation of teachers. The governor shall select the
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0007| administrator members from a list of nominees submitted by the
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0008| school administrator organization in which a majority of school
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0009| administrators hold membership. The governor shall select the
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0010| education faculty member from a list of nominees submitted by
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0011| the council of college education deans. The governor shall
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0012| appoint a public member who shall not be an education
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0013| professional.
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0014| E. Appointments shall be made for staggered terms
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0015| of four years. Five members shall be appointed to terms
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0016| beginning on July 1, 1998 and ending on July 1, 2002. Six
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0017| members shall be appointed to terms beginning on July 1, 1998
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0018| and ending on July 1, 2000. No member shall serve for more
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0019| than two consecutive terms. A member may be removed from
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0020| office for cause by the governor. Any member failing to attend
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0021| three consecutive meetings, unless excused by the chairman is
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0022| automatically removed from the board.
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0023| F. The board shall be administratively attached to
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0024| the department.
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0025| G. Each member shall hold office until the
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0001| expiration of the term for which appointed or until a successor
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0002| has been appointed and qualified. Vacancies shall be filled
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0003| for the balance of the unexpired term within ninety days of the
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0004| vacancy by appointment by the governor.
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0005| H. Members of the board shall be reimbursed for per
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0006| diem and travel expenses pursuant to the Per Diem and Mileage
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0007| Act and shall receive no other compensation, perquisite or
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0008| allowance.
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0009| I. A simple majority of the board shall constitute
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0010| a quorum for the conduct of business. The board shall meet at
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0011| the call of the chairman or at the request of a majority of the
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0012| members.
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0013| Section 6. [NEW MATERIAL] BOARD--POWERS AND DUTIES.--
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0014| The board shall:
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0015| A. establish and maintain standards for all
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0016| professional educators employed by public schools;
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0017| B. adopt, amend, repeal and promulgate rules and
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0018| regulations to carry out the provisions of the Educator
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0019| Practices and Standards Act;
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0020| C. approve or disapprove professional educator
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0021| education programs according to standards established by the
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0022| board;
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0023| D. determine the qualifications for and issue or
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0024| deny a license to a professional educator in public schools
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0025| pursuant to the Educator Practices and Standards Act and
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0001| according to a system of classification adopted and published
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0002| by the board;
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0003| E. suspend or revoke a license held by a licensed
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0004| professional educator, pursuant to the Educator Practices and
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0005| Standards Act, for incompetency, immorality or any other good
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0006| and just cause;
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0007| F. establish standards for professional educator
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0008| licensing;
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0009| G. enter into agreements with other states for
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0010| reciprocity of professional educator licensing;
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0011| H. establish reasonable fees for the cost of
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0012| administering the provisions of the Educator Practices and
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0013| Standards Act;
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0014| I. reprimand, suspend, place on probation or revoke
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0015| licenses of professional educators for violations of standards
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0016| pursuant to the Educator Practices and Standards Act;
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0017| J. sanction schools or school districts for
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0018| employing unlicensed personnel in violation of the Educator
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0019| Practices and Standards Act;
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0020| K. promote the improvement of professional educator
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0021| training and professional development and attract qualified
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0022| educators and student educators to service in the state,
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0023| including those from minority and under-represented groups; and
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0024| L. employ an executive director for the
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0025| administration of the board.
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0001| Section 7. [NEW MATERIAL] TRANSITION.--Professional
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0002| educators who currently hold certification or licensure
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0003| pursuant to Section 22-2-2 NMSA 1978 are licensed pursuant to
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0004| the provisions of the Educator Practices and Standards Act.
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0005| Regulations of the state board of education regarding
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0006| professional certification or licensure, professional educator
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0007| training and teacher education programs shall be the
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0008| regulations of the educator practices and standards board on
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0009| the effective date of that act. The director of the
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0010| professional licensure unit of the state department of public
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0011| education shall be the executive director of the educator
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0012| practices and standards board.
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0013| Section 8. [NEW MATERIAL] ADDITIONAL BOARD POWERS--
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0014| LICENSED SCHOOL ADMINISTRATORS--EVALUATION--IMPROVEMENT
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0015| TRAINING.--
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0016| A. The board shall adopt criteria and minimum
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0017| statewide performance standards for the evaluation of all
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0018| school administrators. Evaluation by the staff shall be one
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0019| component of any evaluation tool developed.
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0020| B. School administrators shall attend a training
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0021| program approved by the board to improve their administrative
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0022| skills and instructional leadership at least every two years.
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0023| Section 9. [NEW MATERIAL] SCHOOL PERSONNEL AND SCHOOL
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0024| NURSES--REQUIRED TRAINING PROGRAM.--
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0025| A. All licensed professional educators and school
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0001| nurses shall be required to complete training in the detection
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0002| and reporting of child abuse and neglect and substance abuse.
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0003| This requirement shall be completed within the person's first
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0004| year of employment by a school district in the state.
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0005| B. Pursuant to the policy and regulations adopted
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0006| by the board, the department shall develop a training program,
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0007| including training materials and necessary training staff, to
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0008| meet the requirement of Subsection A of this section. The
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0009| department shall coordinate the development of the program with
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0010| appropriate staff at the human services department and the
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0011| department of health.
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0012| C. The training program developed pursuant to this
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0013| section shall be made available by the department to the deans
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0014| of every college of education in New Mexico for use in
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0015| providing the training to students that will be seeking
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0016| elementary and secondary education licensing.
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0017| Section 10. [NEW MATERIAL] FEES.--
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0018| A. The board shall establish a schedule of
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0019| reasonable fees for applications, licenses and renewal of
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0020| licenses. Fees shall be established based on processing
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0021| requirements for each category.
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0022| B. The application fee shall be set in an amount
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0023| not to exceed fifty dollars ($50.00).
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0024| C. The initial license fee shall be set in an
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0025| amount not to exceed one hundred fifty dollars ($150).
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0001| D. A license renewal fee shall be established in an
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0002| amount not to exceed seventy-five dollars ($75.00) per year.
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0003| E. A license reinstatement fee shall be established
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0004| in an amount not to exceed fifty dollars ($50.00).
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0005| Section 11. [NEW MATERIAL] FUND CREATED--
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0006| APPROPRIATION.--
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0007| A. The "educator practices and standards fund" is
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0008| created in the state treasury, to be administered by the
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0009| department under the supervision of the board.
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0010| B. All money received or collected by the board or
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0011| the department pursuant to the Educator Practices and Standards
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0012| Act shall be deposited with the state treasurer and credited to
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0013| the fund, and all interest earned from investments of the fund
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0014| shall be retained in the fund. No balance remaining in the
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0015| fund at the end of any fiscal year shall revert to the general
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0016| fund.
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0017| C. Money in the fund is appropriated to the board
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0018| for the purpose of implementing and administering the
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0019| provisions of the Educator Practices and Standards Act.
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0020| D. Payments out of the fund shall be on vouchers
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0021| issued and signed by the executive director upon warrants drawn
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0022| by the secretary of finance and administration.
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0023| Section 12. [NEW MATERIAL] LICENSE DENIAL, SUSPENSION
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0024| OR REVOCATION.--
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0025| A. The board may issue or renew or may deny,
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0001| suspend or revoke any license held or applied for pursuant to
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0002| the Educator Practices and Standards Act in accordance with the
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0003| procedures set forth in the Uniform Licensing Act upon grounds
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0004| that the licensee or applicant:
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0005| (1) is guilty of fraud or misrepresentation in
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0006| the procurement of a license under the Educator Practices and
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0007| Standards Act;
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0008| (2) is subject to the imposition of any
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0009| disciplinary action by an agency of another state that
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0010| regulates teachers or other professional educators, but not to
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0011| exceed the period or extent of that action;
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0012| (3) is convicted of a crime other than a
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0013| misdemeanor, and the record of conviction or a certified copy
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0014| of it shall be conclusive evidence of the conviction;
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0015| (4) is grossly negligent or incompetent in his
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0016| practice;
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0017| (5) has failed to meet competencies required
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0018| by the board;
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0019| (6) has violated or aided or abetted any
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0020| person to violate any of the provisions of the Educator
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0021| Practices and Standards Act or any rule or regulation adopted
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0022| pursuant to that act; or
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0023| (7) has engaged in unethical or unprofessional
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0024| conduct as defined in the code of ethics adopted by the board.
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0025| B. One year from the date of revocation of a
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0001| license under the Educator Practices and Standards Act,
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0002| application may be made to the board for reinstatement of the
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0003| license. The board shall provide by regulation for the
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0004| criteria governing application and examination for
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0005| reinstatement of a revoked license.
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0006| Section 13. [NEW MATERIAL] PENALTY.--
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0007| A. Violation of a provision of the Educator
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0008| Practices and Standards Act is a misdemeanor.
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0009| B. The board may bring civil action in any district
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0010| court to enforce any of the provisions of the Educator
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0011| Practices and Standards Act.
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0012| Section 14. [NEW MATERIAL] TERMINATION OF AGENCY LIFE-
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0013| -DELAYED REPEAL.--The board is terminated on July 1, 2007
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0014| pursuant to the Sunset Act. The board shall continue to
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0015| operate according to the provisions of the Educator Practices
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0016| and Standards Act until July 1, 2008. Effective July 1, 2008,
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0017| the Educator Practices and Standards Act is repealed.
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0018| Section 15. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0019| Chapter 16, Section 5, as amended) is amended to read:
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0020| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
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0021| powers granted to the state board pursuant to Section 22-2-1
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0022| NMSA 1978, the state board shall perform the following duties:
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0023| A. properly and uniformly enforce the provisions of
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0024| the Public School Code;
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0025| B. determine policy for the operation of all public
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0001| schools and vocational education programs in the state;
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0002| C. appoint a state superintendent;
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0003| D. purchase and loan instructional material to
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0004| students pursuant to the Instructional Material Law and adopt
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0005| regulations relating to the use and operation of instructional
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0006| material depositories in the instructional material
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0007| distribution process;
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0008| E. designate courses of instruction to be taught in
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0009| all public schools in the state;
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0010| F. assess and evaluate all state institutions and
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0011| those private schools that desire state accreditation;
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0012| [G. determine the qualifications for and issue a
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certificate to any person teaching, assisting teachers,
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supervising an instructional program, counseling, providing
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special instructional services or administering in public
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schools, according to law and according to a system of
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classification adopted and published by the state board;
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H. suspend or revoke a certificate held by a
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certified school instructor or certified school administrator,
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according to law, for incompetency, immorality or for any other
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good and just cause;
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I.] G. make full and complete reports on
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0023| consolidation of school districts to the legislature;
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0024| [J.] H. prescribe courses of instruction,
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0025| requirements for graduation and standards for all public
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0001| schools and for private schools seeking state accreditation;
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0002| and for the educational programs conducted in state
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0003| institutions other than New Mexico military institute;
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0004| [K.] I. adopt regulations for the
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0005| administration of all public schools and bylaws for its own
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0006| administration;
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0007| [L.] J. require periodic reports on forms
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0008| prescribed by it from all public schools and attendance reports
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0009| from private schools;
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0010| [M.] K. authorize adult educational programs to
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0011| be conducted in schools under its jurisdiction and promulgate
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0012| and publish regulations governing all such adult educational
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0013| programs;
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0014| [N.] L. require any school under its
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0015| jurisdiction that sponsors athletic programs involving sports
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0016| to mandate that the participating student obtain catastrophic
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0017| health and accident insurance coverage, such coverage to be
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0018| offered through the school and issued by an insurance company
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0019| duly licensed pursuant to the laws of New Mexico;
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0020| [O.] M. require all accrediting agencies for
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0021| public schools in the state to act with its approval;
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0022| [P.] N. accept and receive all grants of money
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0023| from the federal government or any other agency for public
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0024| school purposes and disburse the money in the manner and for
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0025| the purpose specified in the grant;
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0001| [Q.] O. require prior approval for any
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0002| educational program in a public school that is to be conducted,
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0003| sponsored, carried on or caused to be carried on by a private
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0004| organization or agency;
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0005| [R.] P. approve or disapprove all rules or
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0006| regulations promulgated by any association or organization
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0007| attempting to regulate any public school activity and
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0008| invalidate any rule or regulation in conflict with any
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0009| regulation promulgated by the state board. The state board may
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0010| require performance and financial audits of any association or
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0011| organization attempting to regulate any public school activity.
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0012| The state board shall have no power or control over the rules
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0013| or regulations or the bylaws governing the administration of
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0014| the internal organization of the association or organization;
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0015| [S.] Q. review decisions made by the governing
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0016| board or officials of any organization or association
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0017| regulating any public school activity, and any decision of the
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0018| state board shall be final in respect thereto;
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0019| [T.] R. accept or reject any charitable gift,
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0020| grant, devise or bequest. The particular gift, grant, devise
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0021| or bequest accepted shall be considered an asset of the state;
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0022| [U.] S. establish and maintain regional
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0023| centers, at its discretion, for conducting cooperative services
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0024| between public schools and school districts within and among
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0025| those regions and to facilitate regulation and evaluation of
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0001| school programs;
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0002| [V.] T. assess and evaluate for accreditation
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0003| purposes at least one-third of all public schools each year
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0004| through visits by department of education personnel to
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0005| investigate the adequacy of pupil gain in standard required
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0006| subject matter, adequacy of pupil activities, functional
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0007| feasibility of public school and school district organization,
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0008| adequacy of staff preparation and other matters bearing upon
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0009| the education of the students;
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0010| [W.] U. provide for management and other
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0011| necessary personnel to operate any public school or school
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0012| district that has failed to meet requirements of law, state
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0013| board standards or state board regulations; provided that the
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0014| operation of the public school or school district shall not
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0015| include any consolidation or reorganization without the
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0016| approval of the local board of that school district. Until
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0017| such time as requirements of law, standards or regulations have
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0018| been met and compliance is assured, the powers and duties of
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0019| the local school board shall be suspended;
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0020| [X.] V. establish and implement a plan that
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0021| provides for technical assistance to local school boards
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0022| through workshops and other in-service training methods;
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0023| provided, however, that no plan shall require mandatory
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0024| attendance by any member of a local school board;
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0025| [Y.] W. submit a plan applying for funds
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0001| available under Public Law 94-142 and disburse these funds in
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0002| the manner and for the purposes specified in the plan; and
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0003| [Z.] X. enforce requirements for home schools.
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0004| Upon finding that a home school is not in compliance with law,
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0005| the state board shall have authority to order that a student
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0006| attend a public school or a private school."
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0007| Section 16. Section 22-2-8 NMSA 1978 (being Laws 1967,
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0008| Chapter 16, Section 11) is amended to read:
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0009| "22-2-8. EDUCATIONAL STANDARDS.--The state board shall
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0010| prescribe minimum educational standards for all public schools
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0011| in the state. A copy of these educational standards shall be
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0012| furnished by the department of education to each local school
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0013| board. The educational standards shall include minimum
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0014| standards for the following areas:
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0015| A. curriculum;
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0016| B. organization and administration of education;
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0017| C. the keeping of records, other than financial
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0018| records prescribed by the [chief] superintendent;
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0019| D. membership accounting;
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0020| [E. teacher preparation;
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F.] E. the physical condition of public school
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0022| buildings and grounds; and
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0023| [G.] F. educational facilities of public
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0024| schools including laboratories and libraries."
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0025| Section 17. APPROPRIATION.--Two hundred thousand dollars
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0001| ($200,000) is appropriated from the general fund to the
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0002| education practices and standards board for expenditure in
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0003| fiscal year 1998 for the purpose of implementing the provisions
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0004| of this act. Any unexpended or unencumbered balance remaining
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0005| at the end of fiscal year 1998 shall not revert to the general
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0006| fund.
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0007| Section 18. REPEAL.--Sections 22-2-8.7, 22-10-3 through
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0008| 22-10-3.2, 22-10-9 and 22-10-22 NMSA 1978 (being Laws 1986,
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0009| Chapter 33, Section 8, Laws 1993, Chapter 222, Section 2, Laws
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0010| 1986, Chapter 33, Section 18, Laws 1988, Chapter 48, Section 1,
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0011| Laws 1967, Chapter 16, Section 111 and Laws 1967, Chapter 16,
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0012| Section 124, as amended) are repealed.
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0013| Section 19. EFFECTIVE DATE.--The effective date of the
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0014| provisions of this act is July 1, 1997.
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0015|
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