2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 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. A person applying for a license or certificate from the department shall undergo a criminal history record check pursuant to Section 22-10A-5 NMSA 1978. The criminal history record check requirement shall apply to the following applicants:
(1) applicants for level one licensure pursuant to Section 22-10A-7 NMSA 1978;
(2) applicants for an alternative level one license pursuant to Section 22-10A-8 NMSA 1978;
(3) applicants for level two licensure pursuant to Section 22-10A-10 NMSA 1978;
(4) applicants for level three licensure pursuant to Section 22-10A-11 NMSA 1978;
(5) applicants for an alternative level two or level three license pursuant to Section 22-10A-11.1 NMSA 1978;
(6) applicants for alternative licensure pursuant to Section 22-10A-11.2 NMSA 1978;
(7) applicants for level three-B provisional licensure pursuant to Section 22-10A-11.3 NMSA 1978;
(8) applicants for level three-B administrator's licensure pursuant to Section 22-10A-11.4 NMSA 1978;
(9) applicants for licenses granted on the basis of reciprocity pursuant to Section 22-10A-12 NMSA 1978;
(10) applicants for expedited licensure pursuant to Section 22-10A-12.1 NMSA 1978;
(11) applicants for Native American and culture certificates pursuant to Section 22-10A-13 NMSA 1978;
(12) applicants for substitute teacher certificates pursuant to Section 22-10A-15 NMSA 1978;
(13) applicants for instructional support provider certificates pursuant to Section 22-10A-17 NMSA 1978;
(14) applicants for educational assistant licensure pursuant to Section 22-10A-17.1 NMSA 1978; and
(15) applicants for alternative level three-B licensure pursuant to Section 22-10A-17.2 NMSA 1978.
B. In the event that the statutory section numbers referring to the licenses and certificates in Subsection A of this section are amended, the licensure and criminal history record check requirement shall remain in effect for the applicants. The department may require a federal bureau of investigation criminal history record check of a current licensee to analyze whether the department has good and just cause for suspension or revocation of a department-issued license. Applicants and current licensees shall pay the cost of obtaining a federal bureau of investigation criminal history record check. The department shall not share criminal history record check information with another entity unless expressly permitted by applicable federal law or federal regulation.
C. Except as provided in Subsection D 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.
D. 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.
E. 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.
F. 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.
History:
1978 Comp., § 22-10A-3, enacted by Laws 2003, ch. 153, § 34; 2019, ch. 238, § 2; 2020, ch. 6, § 1; 2021, ch. 92, § 2; 2023, ch. 177, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, required criminal history record checks for certain applicants for licensure with the department of education, and provided that the criminal history record check information shall be confidential; in Subsection A, in the introductory paragraph, added "A person applying for licensure or certificate from the department shall undergo a criminal history record check pursuant to Section 22-10A-5 NMSA 1978. The criminal history record check requirement shall apply to the following applicants"; added Paragraphs A(1) through A(15); added a new Subsection B and redesignated former Subsections B through E as Subsections C through F, respectively; and in Subsection C, after "Subsection", deleted "C" and added "D".
The 2021 amendment,
effective June 18, 2021, amended the existing provision that waives certain license fees for military members and veterans to include the waiver of certain certificate fees, and removed the definitions of terms; in Subsection C, after "No licensing", added "or certificate", after "three years a license", added "or certificate", and after "valid if the license", added "or certificate holder"; and deleted former Subsection F, which defined "military service member" and "veteran".
The 2020 amendment,
effective July 1, 2020, provided a waiver of licensing fees for the first three years of a valid license for military service members and veterans, and defined "military service member" and "veteran" for purposes of this section; in Subsection B, added "Except as provided in Subsection C of this section"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and added Subsection F.
The 2019 amendment,
effective June 14, 2019, exempted teaching interns from certain provisions of this section; in Subsection A, after "public school", deleted "or state agency", after "practice teacher", added "or teaching intern", and after "defined by the", deleted "state board" and added "department"; in Subsection B, after "The", deleted "state board" and added "department"; in Subsection C, after "practice teachers", added "or teaching interns", and after "rules of the", deleted "state board" and added "department"; and in Subsection D, Paragraph D(1), after "public school", deleted "and school district or to the educational program of the state agency", and in Paragraph D(3), after "students on", deleted "property belonging to the", and after the first occurrence of "public school", deleted "or state agency" and added "premises", and after the second occurrence of "public school", deleted "or state agency".
Certified school personnel defined.
— A "certified" school employee is one who holds a certificate from the state board of education (now public education department) and includes both instructors and administrators.
Naranjo v. Board of Educ. of Espanola Pub. Schs.
, 1995-NMSC-015, 119 N.M. 401, 891 P.2d 542.