New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 2 - UNSATISFACTORY WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL PERSONNEL › Section 6.69.2.8 - UNCORRECTED UNSATISFACTORY WORK PERFORMANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Uncorrected unsatisfactory work
				performance is good cause for discharging or termination of licensed school
				personnel or for requesting the secretary to suspend a level three teaching
				license as provided in Subsection F of
				6.69.4.10
				NMAC so long as procedures established in Subsection B of Section 6.69.2.8 NMAC
				herein are followed.
B. The
				following procedures shall be followed by local school boards or governing
				authorities of state agencies in supervising and correcting unsatisfactory work
				performance of licensed school personnel before serving them with notice of
				intent to discharge pursuant to Section 22-10A-27 NMSA 1978 or before
				requesting the secretary to suspend a level three teaching license under
				Subsection F of
				6.69.4.10
				NMAC.
C. Every person who evaluates
				a licensed school employee under this rule shall submit an original written
				report to the school district superintendent, and an exact copy to the licensed
				school employee being evaluated. The effectiveness evaluation shall not be
				changed once each component is completed and delivered to either the school
				district superintendent or the licensed school employee being evaluated. In
				addition to the requirements in Subsection B of 6.69.2.8 NMAC, before
				requesting the secretary to suspend a level three teaching license as provided
				in Subsection F of
				6.69.4.10
				NMAC a local school district or governing authority of state agencies shall
				provide the teacher with professional development and peer intervention,
				including mentoring, for a period the school principal deems
				necessary.
D. A licensed school
				employee rated minimally effective or ineffective may provide a written
				statement in response to their effectiveness evaluation, and that statement
				shall become a permanent attachment to that employee's evaluation
				file.
E. Every person who rates a
				licensed school employee minimally effective or ineffective shall describe in
				detail the minimally effective or ineffective performance and, in writing,
				inform the licensee of the following:
(1) the
				right to a post-evaluation conference which the evaluator must convene and
				which shall occur no later than ten days after the evaluation is completed
				unless the employee agrees to an extension;
(2) that during the conference the evaluator
				will make recommendations to the employee with respect to specific areas of
				unsatisfactory performance and provide feedback that establishes the initial
				framework for an individual professional growth plan;
(3) that the evaluator will provide
				assistance in helping the employee correct unsatisfactory performance and the
				district will extend strategic support aligned to best practices identified by
				the department to assist the employee in correction of the unsatisfactory
				performance;
(4) that if the
				employee has an employment contract, the employee may be placed on a
				performance growth plan at the discretion of the evaluator for 90 school days
				from receipt of the notice of unsatisfactory work performance, provided that:
(a) the 90 days shall not include weekends,
				school holidays or school vacation periods, declared snow days, and approved
				employee leave days;
(b) during the
				90 days the licensed school employee shall be observed and evaluated more than
				four times in writing and shall be informed of the results of those
				observations; and
(c) the evaluator
				shall maintain documentation of having provided assistance and notification of
				in-service training opportunities to help correct the performance deficiencies
				noted of the licensed school employee; and
(5) that receipt of the notice may constitute
				notice of uncorrected unsatisfactory work performance pursuant to Section
				22-10A-3 NMSA 1978 and 6.69.2 NMAC.