HOUSE BILL 120
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Eliseo Lee Alcon
AN ACT
RELATING TO LICENSURE; PROVIDING FOR A WAIVER OF FEES FOR AND EXPEDITED ISSUANCE OF CERTAIN PROFESSIONAL AND OCCUPATIONAL, SCHOOL PERSONNEL AND CONSTRUCTION INDUSTRY LICENSES, REGISTRATIONS, CERTIFICATES OF REGISTRATION, CERTIFICATES, PERMITS OR CERTIFICATIONS FOR MILITARY SERVICE MEMBERS, THEIR SPOUSES AND THEIR DEPENDENT CHILDREN AND FOR VETERANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-10A-2 NMSA 1978 (being Laws 2019, Chapter 238, Section 1) is amended to read:
"22-10A-2. DEFINITIONS.--As used in the School Personnel Act:
A. "constitutional special school" means the New Mexico military institute, New Mexico school for the deaf and New Mexico school for the blind and visually impaired;
B. "discharge" means the act of severing the employment relationship with a licensed school employee prior to the expiration of the current employment contract;
C. "employed for three consecutive school years" means a licensed school employee has been offered and accepted in writing a notice of reemployment for the third consecutive school year;
D. "governing authority" means the policy setting body of a school district, charter school, constitutional special school or regional education cooperative, or the final decision maker of another state agency;
E. "instructional support provider" means a person who is employed to support the instructional program of a public school, including educational assistant, school counselor, social worker, school nurse, speech-language pathologist, psychologist, physical therapist, occupational therapist, recreational therapist, marriage and family therapist, interpreter for the deaf and diagnostician;
F. "just cause" means a reason that is rationally related to a school employee's competence or turpitude or the proper performance of the school employee's duties and that is not in violation of the school employee's civil or constitutional rights;
G. "military service member" means a person who is:
(1) serving in the armed forces of the United States as an active duty or civil service member or in an active reserve component of the armed forces of the United States, including the national guard;
(2) the spouse of a person who is serving in the armed forces of the United States as an active duty or civil service member or in an active reserve component of the armed forces of the United States, including the national guard; or a surviving spouse of a member who at the time of death was serving on active duty; or
(3) the child of a person who is serving in the armed forces of the United States as an active duty or civil service member or in an active reserve component of the armed forces of the United States, including the national guard; provided that child is also a dependent of that person for federal income tax purposes;
[G.] H. "public school" means a school district, charter school, constitutional special school, regional education cooperative or the educational program of another state agency;
[H.] I. "responsibility factor" means a value of 1.20 for an elementary school principal, 1.40 for a middle school or junior high school principal, 1.60 for a high school principal, 1.10 for an assistant elementary school principal, 1.15 for an assistant middle school or assistant junior high school principal and 1.25 for an assistant high school principal;
[I.] J. "sabbatical leave" means leave of absence with pay as approved by the governing authority during all or part of a regular school term for purposes of study or travel related to a licensed school employee's duties and of direct benefit to the instructional program;
[J.] K. "school administrator" means a person licensed to administer in a school district, charter school, constitutional special school or regional education cooperative or a person employed with another state agency who administers an educational program and includes local superintendents, school principals, central district administrators, business managers, charter school head administrators and state agency education supervisors;
[K.] L. "school employee" includes licensed and unlicensed employees of a public school;
[L.] M. "school premises" means:
(1) the buildings and grounds, including playgrounds, playing fields and parking areas and a school bus of a public school, in or on which school or school-related activities are being operated under the supervision of a local school board, charter school or state agency; or
(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and -sanctioned activities are being performed;
[M.] N. "state agency" means a regional education cooperative or state institution;
[N.] O. "state institution" means the New Mexico boys' school, girls' welfare home, New Mexico youth diagnostic and development center, Sequoyah adolescent treatment center, Carrie Tingley crippled children's hospital, New Mexico behavioral health institute at Las Vegas and any other state agency responsible for educating resident children;
[O.] P. "substitute teacher" means a person who holds a certificate to substitute for a teacher in the classroom;
[P.] Q. "superintendent" means a local superintendent, head administrator of a charter school or regional education cooperative, superintendent or commandant of a special school or head administrator of the educational program of a state agency;
[Q.] R. "teacher" means a person who holds a level one, level two or level three-A license and whose primary job is classroom instruction or the supervision, below the school principal level, of an instructional program or whose duties include curriculum development, peer intervention, peer coaching or mentoring or serving as a resource teacher for other teachers;
[R.] S. "terminate" means the act of severing the employment relationship with a school employee; [and]
T. "veteran" means a person who has received an honorable discharge or separation from military service in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard; and
[S.] U. "working day" means every school calendar day, excluding Saturdays, Sundays and legal holidays."
SECTION 2. Section 22-10A-3 NMSA 1978 (being Laws 2003, Chapter 153, Section 34, as amended) is amended to read:
"22-10A-3. LICENSE OR CERTIFICATE REQUIRED--APPLICATION FEE--GENERAL DUTIES.--
A. Except as otherwise provided in this subsection, any person teaching, supervising an instructional program or providing instructional support services in a public school; any person administering in a public school; and any person providing health care and administering medications or performing medical procedures in a public school shall hold a valid license or certificate from the department authorizing the person to perform that function. This subsection does not apply to a person performing the functions of a practice teacher or teaching intern as defined by the department.
B. Except as provided in Subsection C of this section, the department shall charge a reasonable fee for each application for or the renewal of a license or certificate. The application fee may be waived if the applicant meets a standard of indigency established by the department.
C. No licensing or certificate fee shall be charged for the first three years a license or certificate required by this section is valid if the licensee or certificate holder is a military service member or a veteran.
D. A person performing the duties of a licensed school employee who does not hold a valid license or certificate or has not submitted a complete application for licensure or certification within the first three months from beginning employment duties shall not be compensated thereafter for services rendered until the person demonstrates that the person holds a valid license or certificate. This section does not apply to practice teachers or teaching interns as defined by rules of the department.
E. Each licensed school employee shall:
(1) enforce all laws and rules applicable to the employee's public school;
(2) if teaching, teach the prescribed courses of instruction;
(3) exercise supervision over students on public school premises and while the students are under the control of the public school; and
(4) furnish reports as required.
[F. As used in this section:
(1) "military service member" means a person who is:
(a) serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard;
(b) the spouse of a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard; or
(c) the child of a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard; provided that child is also a dependent of that person for federal income tax purposes; and
(2) "veteran" means a person who has received an honorable discharge or separation from military service in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard.]"
SECTION 3. Section 22-10A-12.1 NMSA 1978 (being Laws 2018, Chapter 8, Section 1, as amended) is amended to read:
"22-10A-12.1. EXPEDITED LICENSURE--MILITARY SERVICE MEMBERS, SPOUSES AND DEPENDENTS--WAIVER OF FEES--VETERANS.--
A. The department shall, no later than thirty days after a military service member or a veteran with a valid and current or an expired license from another jurisdiction files an application, and provides [all of the documents required for the application] a background check if required, for a license or a substitute teacher certificate:
(1) process the application; and
(2) issue a license prima facie to a qualified applicant who submits satisfactory evidence that demonstrates the required competencies and meets other requirements and qualifications for the license for which the teacher or school employee applies, including clearance of the required background check. The local superintendent may require a mentorship period for the licensee or certificate holder if the local superintendent deems it necessary. A teacher or school employee who holds an out-of-state license may apply for a lower level license if the teacher or school employee does not meet the requirements for the higher level.
B. A license or a substitute teacher certificate issued pursuant to this section shall not be renewed unless the license or certificate holder satisfies the requirements for the issuance and the renewal of the license for which the teacher applies. Upon the issuance of a license or certificate pursuant to this section, the department shall notify the license or certificate holder of the requirements for renewing the license or certificate in writing.
C. A military service member or a veteran who is issued a license or certificate pursuant to this section shall not be charged a licensing or certificate fee for the first three years a license or certificate issued pursuant to this section is valid.
D. A license or certificate issued pursuant to this section to an applicant with an expired license or certificate shall not be valid for more than one year.
[E. As used in this section: