reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3.6 - Repealed.

History:
Laws 1999, ch. 249, § 2; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-3.6 NMSA 1978, as enacted by Laws 1999, ch. 249, § 2, relating to alternative certificates, employment, and discrimination, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-4 - Repealed.

History:
1953 Comp., § 77-8-2, enacted by Laws 1967, ch. 16, § 107; 1997, ch. 238, § 3; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-4 NMSA 1978, as enacted by Laws 1967, ch. 16, § 107, relating to certificate fees, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-4.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 31 recompiled and amended 22-10-4.1 NMSA 1978, relating to the distribution and appropriation of educator certification funds, as 22-8-44 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-5 - Repealed.

History:
1953 Comp., § 77-8-3, enacted by Laws 1967, ch. 16, § 108; 1975, ch. 306, § 4; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-5 NMSA 1978, as enacted by Laws 1967, ch. 16, § 108, relating to the duties of certified school personnel, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-6 - Repealed.

History:
1953 Comp., § 77-8-3.1, enacted by Laws 1973, ch. 135, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-6 NMSA 1978, as enacted by Laws 1973, ch. 135, § 1, relating to additional duties of school principals, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-7 - Repealed.

History:
1953 Comp., § 77-8-4, enacted by Laws 1967, ch. 16, § 109; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-7 NMSA 1978, as enacted by Laws 1967, ch. 16, § 109, relating to certified school personnel salaries, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-8 - Repealed.

History:
1953 Comp., § 77-8-5, enacted by Laws 1967, ch. 16, § 110; 1975, ch. 306, § 5; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-8 NMSA 1978, as enacted by Laws 1967, ch. 16, § 110, relating to compensation for educational meetings, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-9 - Repealed.

History:
1953 Comp., § 77-8-6, enacted by Laws 1967, ch. 16, § 111; 1975, ch. 306, § 6; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-9 NMSA 1978, as enacted by Laws 1967, ch. 16, § 111, relating to professional status, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-10 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-10 NMSA 1978 as 22-10A-34 NMSA 1978, effective April 4, 2003.
Laws 2017, ch. 87, § 31 repealed 22-10A-34 NMSA 1978, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-11 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-11 NMSA 1978 as 22-10A-21 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-12 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-12 NMSA 1978 as 22-10A-22 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-13 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-13 NMSA 1978 as 22-10A-23 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-14 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-14 NMSA 1978 as 22-10A-24 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-14.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-14.1 NMSA 1978 as 22-10A-25 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 33, § 33 repealed 22-10-15 NMSA 1978, as amended by Laws 1975, ch. 306, § 11, relating to the procedure to be followed by a local school board or the governing body of a state agency in refusing to reemploy a certified school instructor with tenure rights. For present comparable provisions,
see
22-10A-24 and 22-10A-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-16 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-16 NMSA 1978 as 22-10A-26 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-17 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-17 NMSA 1978 as 22-10A-27 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-17.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-17.1 NMSA 1978 as 22-10A-28 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-18 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-18 NMSA 1978 as 22-10A-29 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 33, § 33 repealed 22-10-19 NMSA 1978, as amended by Laws 1975, ch. 306, § 14, effective May 21, 1986. For present comparable provisions,
see
22-10A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 33, § 33 repealed 22-10-20 NMSA 1978, as amended by Laws 1975, ch. 306, § 15, effective May 21, 1986. For present comparable provisions,
see
22-10A-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-21 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-21 NMSA 1978 as 22-10A-30 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-22 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 52 recompiled and amended former 22-10-22 NMSA 1978, relating to suspension and revocation of teaching certificates, as 22-10A-31 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-23 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-23 NMSA 1978 as 22-10A-35 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-24 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-24 NMSA 1978 as 22-10A-36 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-25 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-25 NMSA 1978 as 22-10A-37 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-26 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-26 NMSA 1978 as 22-10A-38 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-27 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-27 NMSA 1978 as 22-10A-39 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-1 - Short title.

Chapter 22, Article 10A NMSA 1978 may be cited as the "School Personnel Act".
History:
1953 Comp., § 77-8-1, enacted by Laws 1975, ch. 306, § 1; 1991, ch. 187, § 2; 1978 Comp., § 22-10-1, recompiled and amended as § 22-10A-1 by Laws 2003, ch. 153, § 33.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 33 recompiled and amended former 22-10-1 NMSA 1978 as 22-10A-1 NMSA 1978, effective April 4, 2003.
Repeals and reenactments.
— Laws 1975, ch. 306, § 1, repealed 77-8-1, 1953 Comp., as enacted by Laws 1967, ch. 16, § 106, relating to requirements for certificates, and enacted a new section.
The 2003 amendment,
effective April 4, 2003, substituted "10A" for "10" following "Article" near the beginning of the section.
The 1991 amendment,
effective June 14, 1991, rewrote this section which read "Sections 77-8-1 through 77-8-24 NMSA 1953 may be cited as the 'Certified School Personnel Act'."
Purpose of provisions.
— The purpose of the Certified School Personnel Act (now School Personnel Act) is to protect the public against incompetent teachers and to insure proper educational qualifications, personal fitness and a high standard of teaching performance.
N.M. State Bd. of Educ. v. Stoudt
, 1977-NMSC-099, 91 N.M. 183, 571 P.2d 1186.
By statute, teachers are assured an indefinite tenure of position during satisfactory performance of their duties.
Atencio v. Board of Educ.
, 1982-NMSC-140, 99 N.M. 168, 655 P.2d 1012, superseded by statute,
Naranjo v. Board of Educ.
, 1995-NMSC-015, 119 N.M. 401, 891 P.2d 542.
Public school instructors and administrators are state employees
within the constraints of the prohibition against serving in the legislature while receiving compensation as an employee of the state. 1988 Op. Att'y Gen. No. 88-20,
overruled by
State ex rel. Stratton v. Roswell Indep. Sch.
, 1991-NMCA-013, 111 N.M. 495, 806 P.2d 1085.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Tests of moral character or fitness as requisite to issuance of teacher's license or certificate, 96 A.L.R.2d 536.
Drugs and narcotics: use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher's certificate, 47 A.L.R.3d 754.
Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 A.L.R.3d 19.
Student's right to compel school officials to issue degree, diploma, or the like, 11 A.L.R.4th 1182.
Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees, 75 A.L.R.4th 272.
78 C.J.S. Schools and School Districts § 197.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-4 - Teachers and school administrators; professional status; licensure levels; salary alignment.

A. Teaching and school administration are recognized as professions, with all the rights, responsibilities and privileges accorded professions, having their first responsibility to the public they serve. The primary responsibilities of the teaching and school administration professions are to educate the children of this state and to improve the professional practices and ethical conduct of their members.
B. The New Mexico licensure framework for teachers and school administrators is a progressive career system in which licensees are required to demonstrate increased competencies and undertake increased duties as they progress through the licensure levels. The minimum salary provided as part of the career system shall not take effect until the department has adopted increased competencies for the particular level of licensure and a highly objective uniform statewide standard of evaluation.
C. A level one license is a provisional license that gives a beginning teacher the opportunity, through a formal mentorship program, for additional preparation to be a quality teacher. A level two license is given to a teacher who is a fully qualified professional who is primarily responsible for ensuring that students meet and exceed department-adopted academic content and performance standards; a teacher may choose to remain at level two for the remainder of the teacher's career. A level three-A license is the highest level of teaching licensure for those teachers who choose to advance as instructional leaders in the teaching profession and undertake greater responsibilities such as curriculum development, peer intervention and mentoring. A level three-B license is for teachers who commence a new career path in school administration by becoming school administrators.
D. All teacher and school administrator salary systems shall be aligned with the licensure framework in a professional educator licensing and salary system.
E. All teachers and school administrators who hold teaching or administrator certificates on the effective date of the 2003 act shall meet the requirements for their level of licensure by September 1, 2006 and shall be issued licenses.
History:
1978 Comp., § 22-10A-4, enacted by Laws 2003, ch. 153, § 35; 2005, ch. 315, § 4; 2005, ch. 316, § 1.
ANNOTATIONS
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
The 2005 amendment,
effective April 7, 2005, deleted the former provision in Subsection C that a level one license shall be issued for the first three years of teaching. Laws 2005, ch. 315, § 4 and Laws 2005, ch. 316, § 1 enacted identical amendments. The section was set out as amended by Laws 2005, ch. 316, § 1.
See
12-1-8 NMSS 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-8.1 - Saving clause.

Persons holding alternative level one special education licenses on July 1, 2022 are not required to apply for a new license.
History:
Laws 2021, ch. 129, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2021, ch. 129, § 2 was not enacted as part of the School Personnel Act, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2021, ch. 129, § 3 made Laws 2021, ch. 129, § 2 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-11.1 - Alternative level two or level three license.

A. At the end of an internship of at least one full school year, the department may issue an alternative level two license to a person who is at least eighteen years of age and who has a post-baccalaureate degree and at least five years' experience teaching at the post-secondary level if the person demonstrates to the department, in conjunction with the school district, charter school, private school or state agency, that the person has met other department-approved competencies for issuance of a level two license that correspond to the grade level and subject area that the person will teach.
B. At the end of an internship of at least one full school year, the department may issue an alternative level three-A or level three-B license to a person who is at least eighteen years of age and who has a post-baccalaureate degree and at least six years' experience teaching or administering at the post-secondary level if the person demonstrates to the department, in conjunction with the school district, charter school, private school or state agency, that the person has met other department-approved competencies for issuance of a level three-A license that correspond to the grade level and subject area that the person will teach or for issuance of a level three-B license for administration.
History:
Laws 2007, ch. 146, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 146, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-11.2 - Deaf and hard-of-hearing teachers; alternative licensure assessment; saving provision.

A. A person who has a degree from an accredited teacher education program and who is deaf or hard of hearing may elect to demonstrate competency for a level one, two or three license through a portfolio assessment in lieu of all or part of the New Mexico teacher assessment. A person who is deaf or hard of hearing may apply for a lower level of licensure if the person's portfolio assessment does not qualify the person for a higher level. The department shall promulgate rules on the requirements for the portfolio assessment and for who is eligible for licensure pursuant to this section. The department shall provide a process for portfolio review that includes the designation of a review committee consisting of:
(1) a teacher of deaf and hard-of-hearing students;
(2) a sign language interpreter;
(3) a school administrator from the New Mexico school for the deaf;
(4) the parent of a deaf or hard-of-hearing student;
(5) a deaf or hard-of-hearing teacher, if one is available; and
(6) other appropriate persons as determined by the department.
B. Until the rules have been effective for a period deemed sufficient by the department for a deaf or hard-of-hearing person to submit a portfolio, any eligible deaf or hard-of-hearing person who has a degree from an accredited teacher education program shall be granted a temporary teaching license for the level of licensure for which the person will likely qualify when the person's portfolio is submitted to the department. The temporary teaching license shall be effective for no longer than two school years.
History:
Laws 2009, ch. 10, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 10 contained an emergency clause and was approved March 18, 2009.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-11.3 - Level three-B provisional licensure for school principals.

A. A school district that has a shortage of qualified school principal candidates may request that the department issue a provisional three-B license to a level two teacher whom the school district believes has the potential to be an effective school principal.
B. To qualify for a provisional three-B license, the candidate shall:
(1) meet the requirements for a level three-A license;
(2) be enrolled in a department-approved induction and mentoring program in the school district; and
(3) be accepted into a department-approved school administrator preparation program.
C. The provisional license is a four-year license and is not renewable. To maintain the provisional license, the licensee must receive satisfactory evaluations each year from the school district's mentoring program and from the school administrator preparation program. At the end of the four years, the provisional license may be converted to a regular level three-B license if the candidate:
(1) satisfactorily completes the school district's mentoring program; and
(2) satisfactorily completes the department-approved school administrator preparation program.
History:
Laws 2009, ch. 117, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-11.4 - Level three-B administrator's license; tracks for school administrator licensure.

A. A level three-B administrator's license is a five-year license granted to an applicant who meets the qualifications for that license. Licenses may be renewed upon satisfactory annual demonstration of instructional leader and administrative competency.
B. The department shall grant a level three-B administrator's license to an applicant who:
(1) has completed a department-approved administrator preparation program;
(2) holds a current level two or level three teacher's license; and
(3) holds a post-baccalaureate degree or national board for professional teaching standards certification.
C. The minimum annual salary for a licensed school principal or assistant school principal is the minimum salary for a level three-A teacher multiplied by the applicable responsibility factor.
D. The department shall adopt a highly objective uniform statewide standard of evaluation, including data sources linked to student achievement and an educational plan for student success progress, for school principals and assistant school principals and rules for the implementation of that evaluation system linked to the level of responsibility at each school level.
E. As used in this section, "level three-B administrator's license" means a five-year license granted to an applicant who meets the qualifications pursuant to this section and department rules.
History:
Laws 2015, ch. 74, § 2; 2019, ch. 206, § 24; 2019, ch. 207, § 24.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, increased minimum salary levels for a licensed school principal or assistant school principal; and in Subsection C, after "school principal", deleted "shall be fifty thousand dollars ($50,000)" and added "is the minimum salary for a level three-A teacher".
Laws 2019, ch. 206, § 24 and Laws 2019, ch. 207, § 24, both effective June 14, 2019, enacted identical amendments to this section. The section was set out as amended by Laws 2019, ch. 207, § 24.
See
12-1-8 NMSA 1978.
Applicability.
— Laws 2019, ch. 206, § 29 and Laws 2019, ch. 207, § 29 provided that the provisions of Sections 21 through 24 apply to school personnel contracted to provide services for summer 2019 K-5 plus programs in fiscal year 2019 and to all school personnel in fiscal year 2020 and subsequent fiscal years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-12 - Limited reciprocity.

A. A teacher or school principal licensed in another state may be granted a level two or level three license if the teacher or school principal has teaching experience, demonstrates the required competencies and meets other requirements and qualifications for the license for which the teacher or school principal applies, including clearance of the required background check. The local superintendent may require a mentorship period for the licensee if the superintendent deems it necessary. A teacher or school principal who holds an out-of-state license may apply for a lower level license if the teacher or school principal does not meet the requirements for the higher level.
B. The department may grant a level three-B license to a candidate who does not meet the other requirements and qualifications of that license if the candidate has a school administrator license issued in another state and has worked as a school administrator in good standing for at least six years.
History:
1978 Comp., § 22-10A-12, enacted by Laws 2003, ch. 153, § 43; 2019, ch. 80, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, created separate qualifications for the level 3B license, adding administrator-specific licensing and experience for candidates who do not meet the other requirements and qualifications of that license; and added Subsection B.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-13 - Native American language and culture certificates.

The department shall issue a Native American language and culture certificate to a person proficient in a Native American language and culture of a New Mexico tribe or pueblo who meets criteria established through a memorandum of agreement between the tribe or pueblo and the public education department. A baccalaureate degree is not required for the person applying for this certificate. The Native American language and culture certificate shall be issued and renewable in accordance with procedures established by the department based on the agreement made with the tribe or pueblo. The minimum annual salary for a person holding a Native American language and culture certificate and working full time in an instructional capacity shall be equal to the minimum annual salary for a level one licensed teacher.
History:
1978 Comp., § 22-10A-13, enacted by Laws 2003, ch. 153, § 44; 2022, ch. 40, § 1.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, required the public education department to issue a Native American language and culture certificate to a person meeting Native American language and culture proficiency criteria established through a memorandum of agreement between a tribe or pueblo and the public education department, and provided that the minimum salary for a person holding a Native American language and culture certificate and working full time in an instructional capacity shall be the same as a level one licensed teacher; and after "The", deleted "state board may" and added "department shall", after "criteria established", deleted "by the state board" and added "through a memorandum of agreement between the tribe or pueblo and the public education department", and after "with procedures established by the", deleted "state board" and added "department based on the agreement made with the tribe or pueblo. The minimum annual salary for a person holding a Native American language and culture certificate and working full time in an instructional capacity shall be equal to the minimum annual salary for a level one licensed teacher".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-14 - Certificates of waiver.

A. If a local superintendent or governing authority of a state agency certifies to the department that an emergency exists in the hiring of a qualified person, the department may issue a certificate of teaching waiver or assignment waiver.
B. The department may issue a certificate of teaching waiver to a person who holds a baccalaureate degree but does not meet other requirements for licensure as a level one teacher. Certificates of teaching waivers are one-year waivers and may be renewed only if the holder provides satisfactory evidence of continued progress toward a level one license.
C. At the request of a local superintendent, the department may issue a certificate of assignment waiver to a licensed teacher who is assigned to teach outside the teacher's teaching endorsement area. A certificate of assignment waiver may be renewed each school year if the teacher provides satisfactory evidence of continued progress toward meeting the requirements for endorsement.
History:
1978 Comp., § 22-10A-14, enacted by Laws 2003, ch. 153, § 45; 2015, ch. 58, § 13.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, removed a provision relating to adequate yearly progress; in Subsection C, after "teach outside", deleted "his" and added "the teacher's"; and deleted Subsection D, which prohibited certain teachers from being assigned to schools that have not made adequate yearly progress for two consecutive years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-15 - Substitute teacher certificate.

The department shall provide by rule for the qualifications for a substitute teacher certificate. Substitute teacher certificates shall be issued by the department.
History:
1978 Comp., § 22-10A-15, enacted by Laws 2003, ch. 153, § 46; 2004, ch. 92, § 1.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2004, changed "state board" to "department" in two places and deleted "A local school board may provide for additional qualifications or requirements as it deems necessary".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-16 - Parental notification.

A. Within sixty calendar days from the beginning of each school year, every school district shall issue a notice to parents that they may obtain information regarding the professional qualifications of their children's teachers, instructional support providers and school principals. At a minimum, the information shall include:
(1) whether the teacher has met state qualifications for licensure for the grade level and subjects being taught by the teacher;
(2) whether the teacher is teaching under a teaching or assignment waiver;
(3) the teacher's degree major and any other license or graduate degree held by the teacher; and
(4) the qualifications of any instructional support providers if the student is served by educational assistants or other instructional support providers.
B. A local superintendent shall give written notice to the parents of those students who are being taught for longer than four consecutive weeks by a substitute teacher or by a person who is not qualified to teach the grade or subject.
C. The local superintendent shall:
(1) ensure that the notice required by this section is provided by the end of the four-week period following the assignment of that person to the classroom;
(2) ensure that the notice required by this section is provided in a bilingual form to a parent whose primary language is not English;
(3) retain a copy of the notice required pursuant to this section; and
(4) ensure that information relating to teacher licensure is available to the public upon request.
History:
1978 Comp., § 22-10A-16, enacted by Laws 2003, ch. 153, § 47.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 153, § 74 contained an emergency clause and was approved April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-17.2 - Alternative level three-B licensure; track for instructional support providers.

A. An alternative level three-B license is a five-year license granted to a school administrator applicant who meets the qualifications for that level. Licenses may be renewed upon satisfactory annual demonstration of instructional leader and administrative competency.
B. The department shall grant an alternative level three-B license to an applicant who is licensed by the department as a school counselor, school social worker, school nurse, speech-language pathologist, psychologist, physical therapist, physical therapy assistant, occupational therapist, occupational therapy assistant, recreational therapist, marriage and family therapist, interpreter for the deaf or diagnostician and who:
(1) holds a post-baccalaureate degree;
(2) has satisfactorily completed department-approved courses in administration and a department-approved administration apprenticeship program; and
(3) demonstrates instructional leader competence required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation.
C. The minimum annual salary for an alternative level three-B licensed school principal or assistant school principal shall be fifty thousand dollars ($50,000) multiplied by the applicable responsibility factor.
History:
Laws 2017, ch. 68, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-18 - School principals; duties.

In addition to other duties prescribed by law, a school principal shall:
A. under the general supervision of the local superintendent, assume administrative responsibility and overall instructional leadership for the public school to which he is assigned, including the discipline of students and the planning, operation, supervision and evaluation of the educational program of the school;
B. recommend to the local superintendent the employment, promotion, transfer, discharge and termination of school employees in his school;
C. evaluate the performance of school employees and develop professional development plans or job improvement plans to assist school employees to improve;
D. take disciplinary action against school employees;
E. develop a proposed budget for the public school, with input from the school council, and submit it to the local superintendent; and
F. perform other duties assigned to him by the local superintendent to implement the policies of the local school board.
History:
1978 Comp., § 22-10A-18, enacted by Laws 2003, ch. 153, § 49.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 153, § 74 contained an emergency clause and was approved April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-19.1 - Professional development; systemic framework; requirements; department duties.

A. The department shall develop a systemic framework for professional development that provides training to ensure quality teachers, school principals and instructional support providers and that improves and enhances student achievement. The department shall work with licensed school employees, the higher education department and institutions of higher education to establish the framework.
B. The framework shall include:
(1) the criteria for school districts to apply for professional development funds, including an evaluation component that will be used by the department in approving school district professional development plans;
(2) guidelines for developing extensive professional development activities for school districts that:
(a) improve teachers' knowledge of the subjects they teach and their ability to teach those subjects to all of their students;
(b) are an integral part of the public school and school district plans for improving student achievement;
(c) provide teachers, school administrators and instructional support providers with the strategies, support, knowledge and skills to help all students meet New Mexico academic standards;
(d) are high quality, sustained, intensive and focused on the classroom; and
(e) are developed and evaluated regularly with extensive participation of school employees, parents and organizations with specific subject-area expertise or professional development;
(3) guidelines for integrating career-technical education content into academic instructional practices, including training on best practices to understand state and regional workforce needs and transitions to post-secondary education and the workforce; and
(4) guidelines for funding rigorous professional development for career-technical teachers and educational assistants in the same manner as for teachers and educational assistants of other subjects for which the department has promulgated standards and benchmarks.
C. The department and school districts shall use all available funding sources, including federal Every Student Succeeds Act Title 2 funding, to provide professional development for career-technical teachers and educational assistants.
History:
Laws 2004, ch. 27, § 25; 2019, ch. 2, § 1.
ANNOTATIONS
Cross references.
— For references to the former commission on higher education,
see
9-25-4.1 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, required professional development for career-technical teachers and educational assistants in the same manner as teachers of other subjects for which the Public Education Department has promulgated standards and benchmarks, and required the use of federal Every Student Succeeds Act Title II funding for career-technical professional development; in Subsection B, Subparagraph B(2)(e), after "parents", added "and organizations with specific subject-area expertise or professional development"; added Paragraphs B(3) and B(4); and added Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-19.3 - Anti-racism and racial sensitivity training and professional development.

Each year, all school personnel shall successfully complete an online or in-person anti-racism, racial awareness and sensitivity training or professional development approved by the department that addresses race, racism and racialized aggression and demonstrates how to create and foster an equitable and culturally responsive learning environment for racial minority students.
History:
Laws 2021, ch. 51, § 9.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-20.1 - Repealed.

History:
Laws 2014, ch. 77, § 1; repealed by Laws 2016, ch. 22, § 2.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 22, § 2 repealed 22-10A-20.1 NMSA 1978, as enacted by Laws 2014, ch. 77, § 1, relating to individual class load and teaching load, three-year phase-in, effective May 18, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-23 - Licensed school employees; reemployment; acceptance; rejection; binding contract.

A. Each licensed school employee shall deliver to the superintendent a written acceptance or rejection of reemployment for the ensuing school year within fifteen days from the following:
(1) the date written notice of reemployment is served upon the licensed school employee; or
(2) the last day of the school year when no written notice of reemployment or termination is served upon the licensed school employee on or before fifteen working days prior to the last day of the school year.
B. Delivery of the written acceptance of reemployment by a licensed school employee creates a binding employment contract between the licensed school employee and the superintendent until the parties enter into a formal written employment contract. Written employment contracts between the superintendent and licensed school employees shall be executed by the parties not later than ten days before the first day of a school year.
History:
1953 Comp., § 77-8-10, enacted by Laws 1967, ch. 16, § 115; 1975, ch. 306, § 9; 1986, ch. 33, § 21; 1978 Comp., § 22-10-13, recompiled as § 22-10A-23 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 6.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-13 NMSA 1978, as 22-10A-23 NMSA 1978, effective April 4, 2003.
The 2019 amendment,
effective June 14, 2019, clarified certain terms throughout the section; in the section heading, added "Licensed school employees"; and in Subsection A, Paragraph A(2), after "on or before", added "fifteen working days prior to".
Failure to serve required notice upon nontenured teacher.
— A regulation of the state board of education requiring that notice of reemployment or termination be served no later than 14 days before the end of the school year did not give a nontenured teacher an enforceable right to notice before the end of the school year, and therefore the board's notice of intent not to employ, timely served in accordance with Section 22-10-12 NMSA 1978 (now Section 22-10A-22 NMSA 1978) , complied with the law.
Giangreco v. Murlless
, 1997-NMCA-061, 123 N.M. 498, 943 P.2d 532.
Necessity for acceptance.
— Where teacher did not deliver an acceptance to school board within statutory period, there was no binding contract of employment. This is the case even if the teacher did not receive notice of termination of employment.
Hyde v. Taos Mun. Sch.
, 1972-NMSC-061, 84 N.M. 206, 501 P.2d 194.
Time requirement for acceptance.
— This section does not authorize written acceptance within 15 days of the end of school, but from the end of school; moreover, the entirety of the section indicates that acceptance is contemplated only after school has ended without the teacher having received any notice.
Provoda v. Maxwell
, 1991-NMSC-022, 111 N.M. 578, 808 P.2d 28.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-29 - Compensation payments to discharged personnel.

A. Payment of compensation to a licensed school employee employed by a public school and payment of compensation to a superintendent employed by a governing authority shall terminate as of the date, after a hearing, that a written copy of the decision of the governing authority to discharge the licensed school employee or superintendent is served on the licensed school employee or superintendent. If the compensation of the licensed school employee or superintendent discharged during the term of a written employment contract is to be paid monthly during a twelve-month period for services to be performed during a period less than twelve months, the licensed school employee or superintendent shall be entitled to a pro rata share of the compensation payments due for the period during the twelve months in which no services were to be performed.
B. In the event the action of the governing authority in discharging a licensed school employee or superintendent is reversed on appeal, payment of compensation to the licensed school employee or superintendent shall be reinstated in full but subject to any additional compensation allowed other licensed school employees or superintendents of like qualifications and experience employed by the public school and including reimbursement for compensation during the entire period the compensation was terminated less an offset for any compensation received by the licensed school employee or superintendent from the public school during the period the compensation was terminated.
History:
1953 Comp., § 77-8-15, enacted by Laws 1967, ch. 16, § 120; 1975, ch. 306, § 13; 1978 Comp., § 22-10-18, recompiled as § 22-10A-29 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 10.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-18 NMSA 1978 as 22-10A-29 NMSA 1978, effective April 4, 2003.
The 2019 amendment,
effective June 14, 2019, replaced each occurrence of "school instructor" with "licensed school employee", and replaced each occurrence of "local school board" with "governing authority".
The legislature can constitutionally prescribe the methods for adjudicating a dispute
over termination of a certified school employee's right to continued employment because that right is a public right created by statute.
Board of Educ. of Carlsbad Mun. Schs. v. Harrell
, 1994-NMSC-096, 118 N.M. 470, 882 P.2d 511.
Offset provision in Subsection B is not exclusive;
rather, a school district or state agency may offset an award by any compensation that a terminated employee received from any source during his period of termination.
Board of Educ. v. Jennings
, 1985-NMSC-054, 102 N.M. 762, 701 P.2d 361.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-33 - Repealed.

History:
Laws 1989, ch. 344, § 2; 1978 Comp., § 22-1-7, recompiled and amended as § 22-10A-33 by Laws 2003, ch. 153, § 54; repealed by Laws 2017, ch. 65, § 4.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 65, § 4 repealed 22-10A-33 NMSA 1978, as enacted by Laws 1989, ch. 344, § 2, relating to violence, vandalism, reporting, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-34 - Repealed.

History:
1953 Comp., § 77-8-7, enacted by Laws 1967, ch. 16, § 112; 1977, ch. 45, § 1; 1993, ch. 226, § 26; 1978 Comp., § 22-10-10, recompiled as § 22-10A-34 by Laws 2003, ch. 153, § 72; 2015, ch. 116, § 3; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 22-10A-34 NMSA 1978, as enacted by Laws 1967, ch. 16, § 112, relating to communicable diseases, prohibited employment, penalty, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-35 - Local sabbatical leave program authorized.

A local school board may provide as part of its compensation plan a program of sabbatical leave for its certified employees. The governing authority of a state agency may provide a program of sabbatical leave for its certified school instructors.
History:
1953 Comp., § 77-8-20, enacted by Laws 1969, ch. 116, § 1; 1975, ch. 306, § 17; 1978 Comp., § 22-10-23, recompiled as § 22-10A-35 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-23 NMSA 1978 as 22-10A-35 NMSA 1978, effective April 4, 2003.
Cross references.
— For definition of "sabbatical leave,"
see
22-10A-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-36 - Approved program required for sabbatical leave.

Sabbatical leave may be granted only upon the presentation and approval by the state department of education [public education department] of a full program of study or travel related to the certified employee's duties and showing direct benefit to the instructional program.
History:
1953 Comp., § 77-8-22, enacted by Laws 1969, ch. 116, § 3; 1975, ch. 306, § 18; 1978 Comp., § 22-10-24, recompiled as § 22-10A-36 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-24 NMSA 1978 as 22-10A-36 NMSA 1978, effective April 4, 2003.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.