Chapter 22 — Chapter 22

History: 1953 Comp., § 77-8-3, enacted by Laws 1967, ch. 16, § 108; 1975, ch. 306, § 4; repealed by Laws 2003, ch. 153, § 73.

History: 1953 Comp., § 77-8-3.1, enacted by Laws 1973, ch. 135, § 1; repealed by Laws 2003, ch. 153, § 73.

History: 1953 Comp., § 77-8-4, enacted by Laws 1967, ch. 16, § 109; repealed by Laws 2003, ch. 153, § 73.

History: 1953 Comp., § 77-8-5, enacted by Laws 1967, ch. 16, § 110; 1975, ch. 306, § 5; repealed by Laws 2003, ch. 153, § 73.

History: 1953 Comp., § 77-8-6, enacted by Laws 1967, ch. 16, § 111; 1975, ch. 306, § 6; repealed by Laws 2003, ch. 153, § 73.

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.

A. A level two license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates essential competency to teach. If a level two teacher does not demonstrate essential competency in a given school year, the school district…

A. A level two license is a nine-year license granted to a school nurse who is a registered nurse who holds a level one license or has at least three years of registered nursing experience satisfactory to the department and who meets the qualifications for level two licensure and…

A. A level three-A license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates instructional leader competencies. If a level three-A teacher does not demonstrate essential competency in a given school year, the sch…

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 …

site administrators or superintendents. The department may establish new licensure requirements for school administrators who are not licensed as site administrators or superintendents. History: 1978 Comp., § 22-10A-11.10, enacted by Laws 2025, ch. 148, § 9.

A. A level three license is a nine-year license granted to a school nurse who meets the qualifications for that level and who annually demonstrates nursing leadership competencies. If a level three school nurse does not demonstrate essential nursing leadership competency in a giv…

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 …

principals. (Repealed effective July 1, 2029.) 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…

school administrator licensure. (Repealed effective July 1, 2029.) 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 instructio…

A. A provisional site administrator license is a one-year license granted to a level two or three-A teacher who meets the qualifications for that license. B. To qualify for a provisional site administrator license, the candidate shall: (1) meet the requirements for a level two or…

A. As used in this section, "responsibility factor" means a value of 1.25 for an elementary school principal, 1.45 for a middle school or junior high school principal, 1.65 for a high school principal, 1.15 for an assistant elementary school principal, 1.20 for an assistant middl…

A. A professional site administrator license is a five-year license granted to an applicant who meets the qualifications for that license. B. The department shall grant a professional site administrator license to an applicant who: (1) holds a post-baccalaureate degree or nationa…

A. A provisional superintendent license is a one-year license granted to an applicant who meets the qualifications for that license. A provisional license may be renewed up to three times with annual proof of enrollment in a department-approved aspiring superintendent academy and…

A. A superintendent license is a five-year license granted to an applicant who meets the qualifications for that license. B. The department shall grant a superintendent license to an applicant who: (1) has at least one year of experience as a site administrator; (2) has successfu…

A. A teacher or school principal licensed in another state may be granted a level two, level three-A or site administrator license if the teacher or site administrator has teaching experience, demonstrates the required competencies and meets other requirements and qualifications …

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 a background check if requ…

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 publ…

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 certificat…

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.

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 principa…

A. The following instructional support providers shall obtain appropriate licensure from the department: educational assistants, school counselors, school social workers, school nurses, speech-language pathologists, psychologists, physical therapists, physical therapy assistants,…

qualifications; minimum salaries. A. All persons who perform services as educational assistants in public schools or in those special state-supported schools within state agencies shall hold valid educational assistant licensure issued by the department. Educational assistants sh…

instructional support providers. (Repealed effective July 1, 2029.) 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 demonstrati…

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…

evaluations; sick leave; professional development; peer intervention; mentoring. A. The department shall adopt criteria and minimum highly objective uniform statewide standards of evaluation for the annual performance evaluation of licensed school employees. The professional deve…

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 depa…

A. The department shall: (1) design a uniform statewide educator accountability reporting system to measure and track teacher and administrator education candidates from pre-entry to post-graduation in order to benchmark the productivity and accountability of New Mexico's educato…

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 dem…

As used in the School Personnel Act: A. "child abuse" means a child: (1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian, custodian or other adult; (2) who has suffered physical abuse, emotional abuse …

A. The individual class load for elementary school teachers shall not exceed twenty students for kindergarten; provided that any teacher in kindergarten with a class load of fifteen to twenty students shall be entitled to the assistance of an educational assistant. B. The average…

History: Laws 2014, ch. 77, § 1; repealed by Laws 2016, ch. 22, § 2.

duration. A. All employment contracts between superintendents and licensed school employees shall be in writing on forms approved by the department. These forms shall contain and specify the term of service, the salary to be paid, the method of payment, the causes for discharge d…

termination. On or before fifteen working days prior to the last day of the school year, the superintendent shall serve written notice of reemployment or termination on each licensed school employee employed by the public school. A notice of reemployment shall be an offer of empl…

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 serve…

authority of a state agency; procedures. A. A local school board or governing authority of a state agency may terminate a licensed school employee, excluding licensed educational assistants who have not been offered and accepted the third consecutive contract, for any reason it d…

procedure; binding decision. A. An employee who is still aggrieved by a decision of a local school board or governing authority rendered pursuant to Section 22-10A-24 NMSA 1978 may appeal the decision to an arbitrator. A written appeal shall be submitted to the local superintende…

Sections 22-10A-22 through 22-10A-25 NMSA 1978 do not apply to the following: A. a licensed school employee employed to fill the position of a licensed school employee entering military service; B. a licensed school administrator who is employed as a licensed school administrator…

procedures. A. A superintendent may recommend to the governing authority the discharge of a licensed school employee during the term of a contract authorized pursuant to Section 22-10A-21 NMSA 1978 only for just cause according to the following procedure: (1) the superintendent s…

independent arbitrator; qualifications; procedure; binding decision. A. A licensed school employee aggrieved by a decision of the governing authority to discharge the licensed school employee after a discharge hearing held pursuant to Section 22-10A-27 NMSA 1978 may appeal the de…

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 t…

history record checks; 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 providi…

The state board [department] shall prescribe by regulations procedures to be followed by a local school board or the governing authority of a state agency in supervising and correcting unsatisfactory work performance of certified school personnel before notice of intent to discha…

In accordance with the procedures provided in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the department may deny, suspend or revoke a department- issued license for incompetency, moral turpitude, ethical misconduct or any other good and just cause. History: 1953 Com…

volunteers, contractors and contractors' employees; required training program. A. All school district personnel, school employees, school volunteers, contractors and contractors' employees shall be required to complete training in the detection and reporting of child abuse and ne…