For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

School Personnel

NMSA 1978 ch. 22, art. 10A
in effect

NMSA 1978, § 22-10A-1 Short title

22-10A-1. Short title Chapter 22, Article 10A NMSA 1978 may be cited as the "School Personnel Act". 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.

NMSA 1978, § 22-10A-2 Definitions

22-10A-2. Definitions 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 or psychological abuse inflicted or caused by the child's parent, guardian, custodian or other adult; (3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian, custodian or other adult; (4) whose parent, guardian, custodian or other adult has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or (5) whose parent, guardian, custodian or other adult has knowingly or intentionally tortured, cruelly confined or cruelly punished the child; B. "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; C. "contractor" means a person who is under contract with a public school and is hired to provide services to the public school, but does not include a general contractor or a building or maintenance contractor who is supervised and has no access to students at the public school; D. "discharge" means the act of severing the employment relationship with a licensed school employee prior to the expiration of the current employment contract; E. "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; F. "ethical misconduct" means the following behavior or conduct by school district personnel, school employees, school volunteers, contractors or contractors' employees: (1) discriminatory practice based on race, age, color, national origin, ethnicity, sex, pregnancy, sexual orientation, gender identity, mental or physical disability, marital status, religion, citizenship, domestic abuse reporting status or serious medical condition; (2) sexual misconduct or any sexual offense prohibited by Chapter 30, Article 6A or 9 NMSA 1978 involving an adult or child, regardless of a child's enrollment status; (3) fondling a child or student, including touching private body parts, such as breasts, buttocks, genitals, inner thighs, groin or anus; or (4) any other behavior, including licentious, enticing or solicitous behavior, that is reasonably apparent to result in inappropriate sexual contact with a child or student or to induce a child or student into engaging in illegal, immoral or other prohibited behavior; G. "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 a state agency that provides educational services to a school-aged person; H. "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, diagnostician, attendance coach, practical nurse, school health assistant, school business official, rehabilitation counselor, athletic coach, educational alcohol and drug abuse counselor and substance abuse associate; I. "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; J. "military service member" means a person who is: (1) serving in the armed forces of the United States as an active duty 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 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 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; K. "moral turpitude" means an act or behavior that gravely violates the accepted standards of moral conduct, justice or honesty and may include ethical misconduct; L. "public school" means a school district, charter school, constitutional special school, regional education cooperative or the educational program of another state agency; M. "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; N. "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; O. "school employee" includes licensed and unlicensed employees of a public school; P. "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; Q. "school volunteer" means a person, including a relative of a student, who commits to serve on a regular basis at a school district, charter school or other educational entity without compensation; R. "site administrator" means an assistant principal, a principal or a charter school head administrator; S. "state agency" means a regional education cooperative or state institution; T. "state institution" means the juvenile detention centers operated by the children, youth and families department, including the New Mexico youth diagnostic and development center; the John Paul Taylor center; the Sequoyah adolescent treatment center; the Carrie Tingley crippled children's hospital; the New Mexico behavioral health institute at Las Vegas; and any other state agency responsible for educating resident children; U. "substitute teacher" means a person who holds a certificate to substitute for a teacher in the classroom; V. "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; W. "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; X. "terminate" means the act of severing the employment relationship with a school employee; Y. "unsupervised contact with children or students" means access to or contact with, or the opportunity to have access to or contact with, a child or student for any length of time in the absence of: (1) a licensed staff person from the same school or institution; (2) a school volunteer who has undergone a background check pursuant to Section 22-10A-5 NMSA 1978; or (3) any adult relative or guardian of the child or student; Z. "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 AA. "working day" means every school calendar day, excluding Saturdays, Sundays and legal holidays. 1953 Comp., § 77-8-1.1, enacted by Laws 1975, ch. 306, § 2; 1990, ch. 90, § 1; 1991, ch. 187, § 3; 1994, ch. 110, § 1; 1978 Comp., § 22-10-2, recompiled as § 22-10A-2 by Laws 2003, ch. 153, § 72; 2007, ch. 304, § 1; repealed and reenacted by Laws 2019, ch. 238, § 1; 2021, ch. 92, § 1; 2021, ch. 94, § 4; 2023, ch. 148, § 3; 2023, ch. 177, § 1; 2025, ch. 148, § 1.

NMSA 1978, § 22-10A-3 License or certificate required; application fee; criminal history record checks; general duties

22-10A-3. License or certificate required; application fee; criminal 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 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. 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 for school principals 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 provisional site administrator licensure pursuant to Section 22-10A-11.5 NMSA 1978; (10) applicants for initial site administrator licensure pursuant to Section 22-10A-11.6 NMSA 1978; (11) applicants for professional site administrator licensure pursuant to Section 22-10A-11.7 NMSA 1978; (12) applicants for provisional superintendent licensure pursuant to Section 22-10A-11.8 NMSA 1978; (13) applicants for superintendent licensure pursuant to Section 22-10A-11.9 NMSA 1978; (14) applicants for licenses granted on the basis of reciprocity pursuant to Section 22-10A-12 NMSA 1978; (15) applicants for expedited licensure pursuant to Section 22-10A-12.1 NMSA 1978; (16) applicants for Native American language and culture certificates pursuant to Section 22-10A-13 NMSA 1978; (17) applicants for substitute teacher certificates pursuant to Section 22-10A-15 NMSA 1978; (18) applicants for instructional support provider licenses pursuant to Section 22-10A-17 NMSA 1978; (19) applicants for educational assistant licensure pursuant to Section 22-10A-17.1 NMSA 1978; (20) applicants for alternative level three-B licensure pursuant to Section 22-10A-17.2 NMSA 1978; and (21) applicants for licensure for student teachers still in a teacher preparation program or a teacher residency pursuant to Section 22-10B-5 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. 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; 2025, ch. 148, § 2.

NMSA 1978, § 22-10A-4 Teachers and school administrators; professional status; licensure levels; salary alignment

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 site 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. D. An initial site administrator license is for teachers and instructional support providers who commence a new career path in site administration by becoming assistant school principals, school principals or charter school administrators. A professional site administrator license is given to an assistant school principal, school principal or charter school head administrator who is a fully qualified professional who may choose to remain at this level for the remainder of the assistant school principal's, school principal's or charter school head administrator's career. E. A superintendent license is the highest level of administrative licensure for those administrators who choose to undertake the responsibilities of leading a school district. Charter school governing bodies may choose to require head administrators to hold a superintendent license based on the needs of the school. F. All teacher and school administrator salary systems shall be aligned with the licensure framework in a professional educator licensing and salary system. G. A licensed school employee who holds a valid three-B license on July 1, 2029 shall be granted a professional site administrator license and a superintendent license. 1978 Comp., § 22-10A-4, enacted by Laws 2003, ch. 153, § 35; 2005, ch. 315, § 4; 2005, ch. 316, § 1; 2025, ch. 148, § 3.

NMSA 1978, § 22-10A-5 Criminal history record check; known convictions; confidentiality; alleged ethical misconduct; reporting required; penalty for failure to report

22-10A-5. Criminal history record check; known convictions; confidentiality; alleged ethical misconduct; reporting required; penalty for failure to report A. To investigate the suitability of an applicant for licensure from the department, the department shall have access to criminal history record information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law. B. An applicant for licensure from the department shall undergo a state and federal criminal history record check, and the applicant shall submit two fingerprint cards or the equivalent electronic set of fingerprints to the department of public safety for that purpose. The department of public safety shall conduct a check of state records and forward the fingerprints to the federal bureau of investigation for a national criminal history record check to determine the existence and content of a record of convictions in this state or other law enforcement jurisdictions and to generate a criminal history record check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation. The department of public safety shall review the information obtained from the criminal history record check and shall compile and provide that information to the department. The department shall use the information resulting from the fingerprint-based criminal history record check to inform department decisions relating to the issuance or continuation of licensure. The applicant for initial licensure shall pay for the cost of obtaining the criminal history record check. C. Governing authorities shall develop policies and procedures to require criminal history record checks on an applicant who has been offered employment or who applies to be a school volunteer or works for the public school as a contractor or a contractor's employee and who may have unsupervised contact with children or students on school premises. Nothing in this section shall preclude governing authorities from developing and implementing policies or procedures requiring or affecting other or additional background or criminal history record checks of personnel or applicants for employment. D. An applicant who has been offered employment or a school volunteer, contractor or contractor's employee shall provide two fingerprint cards or the equivalent electronic fingerprints to the department of public safety to obtain the applicant's, school volunteer's, contractor's or contractor's employee's criminal history record check pursuant to Subsection B of this section. The public school shall pay for the criminal history record check for an applicant who has been offered employment. A school volunteer, contractor or contractor's employee may be required to pay for the cost of obtaining a criminal history record check. E. Convictions of felonies or misdemeanors contained in the criminal history record check shall be used in accordance with the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978]; provided that other information contained in the criminal history record check, if supported by independent evidence, may form the basis for the employment decisions for just cause. The department shall not exclude an otherwise qualified person from licensure on the sole basis that the person has been previously arrested or convicted of a crime, unless that person has a disqualifying criminal conviction, pursuant to Section 61-1-36 NMSA 1978. F. Records and related information shall be privileged and shall not be disclosed to a person not directly involved in the employment, volunteering or contracting decision affecting the specific applicant, school volunteer, contractor or contractor's employee who has been offered employment, a school volunteer position or a contract and will have unsupervised contact with children or students on school premises. Criminal history information received from the department of public safety or the federal bureau of investigation shall be confidential and shall not be considered a public record pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. The department shall not authorize the receipt of criminal history information by a private entity pursuant to this section. Nothing in this subsection shall apply to compliance with discovery requests or subpoenas that are issued by a court of competent jurisdiction. G. A superintendent shall report immediately to the department any known conviction of any felony or misdemeanor involving moral turpitude of school district personnel, a school employee, a school volunteer, a contractor or a contractor's employee. H. A superintendent may appoint a designated representative to act on the superintendent's behalf. The superintendent or the designated representative shall investigate all allegations of ethical misconduct about any school district personnel, school employee, school volunteer, contractor or contractor's employee who resigns, is being discharged or terminated or otherwise leaves employment after an allegation has been made. If the investigation results in a finding of ethical misconduct by a licensed school employee, the superintendent or the superintendent's designated representative shall report the identity of the licensed school employee and attendant circumstances of the ethical misconduct on a standardized form to the department and the licensed school employee within thirty days following the separation from employment or immediately if the finding of ethical misconduct is sexual misconduct with an adult or child. The superintendent or the superintendent's designated representative shall also report allegations of sexual assault or sexual abuse involving any school district personnel, school employee, school volunteer, contractor or a contractor's employee to the appropriate law enforcement agency. No agreement between a departing school employee and the governing authority or superintendent shall diminish or eliminate the responsibility of investigating and reporting the alleged ethical misconduct to the department or, if legally mandated, to law enforcement, and any such agreement to the contrary is void. I. Unless the department has commenced its own investigation of a licensed school employee prior to receipt of the form, the department shall serve the licensed school employee with a notice of investigation and a notice of contemplated action pursuant to the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] within sixty days of receipt of the form. J. The department shall maintain a list of the names of persons reported to the department, as required by Subsection G of this section, who have been convicted of a felony or misdemeanor involving moral turpitude and, as required by Subsection H of this section and Section 22-10A-5.1 NMSA 1978, who have been found to have committed ethical misconduct. The department shall update that list each month. The department shall provide that list to a governing authority upon request. K. The secretary may initiate action to suspend, revoke or refuse to renew the license of: (1) a superintendent who fails to report as required by Subsections G and H of this section or Section 22-10A-5.1 NMSA 1978; (2) any licensed school district personnel or licensed school employee who fails to report child abuse or neglect pursuant to Section 32A-4-3 NMSA 1978; or (3) any licensed school district personnel or school employee who fails to report ethical misconduct pursuant to Subsection H of this section or Section 22-10A-5.1 NMSA 1978. L. As used in this section, "designated representative" means a representative chosen by a superintendent and may include the staff of a regional education cooperative. Laws 1997, ch. 238, § 1; 1998, ch. 60, § 1; 1999, ch. 281, § 24; 2001, ch. 293, § 6; 1978 Comp., § 22-10-3.3, recompiled and amended as § 22-10A-5 by Laws 2003, ch. 153, § 36; 2007, ch. 263, § 1; 2019, ch. 209, § 2; 2019, ch. 238, § 3; 2021, ch. 94, § 5; 2023, ch. 177, § 3.

NMSA 1978, § 22-10A-5.1 Duty to report ethical misconduct; responsibility to investigate ethical misconduct; ethical misconduct report coordination

22-10A-5.1. Duty to report ethical misconduct; responsibility to investigate ethical misconduct; ethical misconduct report coordination A. School district personnel, a school employee, a contractor or a contractor's employee who knows or has a reasonable suspicion that a child or student has been subject to ethical misconduct by school district personnel, a school employee, a school volunteer, a contractor or a contractor's employee shall report the matter immediately to: (1) the superintendent; or (2) the department. B. If a superintendent receives a report pursuant to Subsection A of this section, the superintendent shall immediately transmit to the department by telephone the facts of the report and the name, address and telephone number of the reporter. The superintendent shall transmit the same information in writing within forty-eight hours. C. If department staff receives a report pursuant to Subsection A of this section, department staff shall immediately transmit to the superintendent by telephone the facts of the report and the name, address and telephone number of the reporter. Department staff shall transmit the same information in writing within forty-eight hours. D. A written report shall contain the name, address and age of the child or student; the child's or student's parents, guardians or custodians; the school district personnel, school employee, school volunteer, contractor or contractor's employee who is alleged to have committed ethical misconduct; and any evidence of ethical misconduct, including the nature and extent of any injuries and other information that the maker of the report believes might be helpful to investigate a report of ethical misconduct. The written report shall be submitted upon a standardized form developed by the department. E. Upon receipt of a report of ethical misconduct pursuant to Subsection A of this section, the department shall immediately notify law enforcement if the allegation of ethical misconduct is criminal in nature; provided that the department shall notify a tribal law enforcement or social services agency for any Indian child residing in Indian country. F. The recipient of a report pursuant to Subsection A of this section shall take immediate steps to ensure prompt investigation of the report. The investigation shall ensure that immediate steps are taken to protect the health or welfare of a student or child who is the subject of a report under Subsection A of this section. A school shall take immediate steps to ensure the safety of enrolled students. G. After a report of suspected ethical misconduct against a student or child is made to a law enforcement agency, the department or a superintendent pursuant to this section, the office receiving the report shall notify the person making the report within five days after the report was made that the office receiving the report is investigating the matter. Mailing a notice within five days shall constitute compliance with this subsection. H. A law enforcement agency, the department or a superintendent shall have access to any of the records pertaining to an ethical misconduct case maintained by any of the persons enumerated in Subsection A of this section. I. A local school board shall adopt policies providing for the coordination and internal tracking of reports made pursuant to this section. Such policies shall include measures to protect the identity of any alleged victims. No policy shall relieve any person having a duty to report pursuant to this section from that duty. Laws 2021, ch. 94, § 1.

NMSA 1978, § 22-10A-5.2 Applicants for school employment, contracts or volunteer positions; requirements for work history and other information

22-10A-5.2. Applicants for school employment, contracts or volunteer positions; requirements for work history and other information A. A public school shall require an applicant for employment to provide: (1) a list of the applicant's current and former employers that were schools or that employed the applicant in a position involving unsupervised contact with children or students. The list shall include the name, address, telephone number and other relevant contact information for each of the applicant's listed employers; (2) a written statement describing whether the applicant: (a) has ever been under investigation for, or has been found to have violated, any state or federal statute relating to child abuse or neglect, sexual misconduct or any sexual offense, including those offenses prohibited in Chapter 30, Article 3, 3A, 4, 6, 6A, 9, 37, 37A or 52 NMSA 1978, unless the allegations were false or unsubstantiated; (b) has ever been under investigation for, or found to have violated, any ethical rule or policy approved by a former employer that previously employed the applicant, unless the allegations were false or unsubstantiated; or (c) has ever had a professional license or certificate denied, suspended, surrendered or revoked due to a finding of child abuse or ethical misconduct or while allegations of child abuse or ethical misconduct were pending or under investigation; and (3) a written authorization that authorizes disclosure of information requested under Subsection B or D of this section and the release of related records by the applicant's previous employers, releasing the applicant's previous employers from any liability related to the disclosure or release of records. B. A public school shall conduct a review of the applicant's employment history and contact the applicant's current and former employers listed under Subsection A of this section and request: (1) the applicant's dates of employment; and (2) a written statement describing whether the applicant: (a) has ever been under investigation for, or has been found to have violated, any state or federal statute relating to child abuse or neglect, sexual misconduct or any sexual offense, including those offenses prohibited in Chapter 30, Article 3, 3A, 4, 6, 6A, 9, 37, 37A or 52 NMSA 1978, unless the allegations were false or unsubstantiated; (b) has ever been under investigation for, or found to have violated, any ethical rule or policy approved by a former employer that previously employed the applicant, unless the allegations were false or unsubstantiated; or (c) has ever had a professional license or certificate denied, suspended, surrendered or revoked due to a finding of child abuse or ethical misconduct or while allegations of child abuse or ethical misconduct were pending or under investigation. C. An applicant's current or former employer shall disclose the information requested under Subsection B of this section within thirty days of receiving the request. D. During the course of a public school's review of the applicant's employment history, an applicant's current or former employer may disclose any other information the applicant's current or former employer deems pertinent and substantive to the prospective employee's suitability for employment in a position that includes unsupervised contact with children or students. E. A public school shall make and document efforts to: (1) verify the information provided under Subsections A and B of this section; and (2) obtain from an applicant's current or former out-of-state employer the information required under Subsection B of this section. F. A public school may terminate an individual's employment or contract or rescind an applicant's offer of employment or offer of a contract if the applicant is offered or commences employment with a public school after the effective date of this 2021 act and information regarding the applicant's history of child abuse or ethical misconduct that is determined to disqualify the applicant from employment or a contract is subsequently obtained by the public school. G. When a reference on a former or current employee, contractor or volunteer is requested, the employer shall respond and provide the requested information pursuant to Subsection B of this section. H. An applicant who provides false information or willfully neglects to disclose information required under this section shall be subject to discipline including termination or denial of employment or action to deny, suspend or revoke a license. I. For the purposes of this section, "applicant" means an applicant for employment, an individual who is being considered as a contractor, a contractor's employee or an individual who wants to be a school volunteer. Laws 2021, ch. 94, § 2.

NMSA 1978, § 22-10A-6 Educational requirements for licensure

22-10A-6. Educational requirements for licensure A. The department shall require a person seeking licensure or reciprocity in elementary, special, early childhood or secondary education to have completed the following minimum requirements in the college of arts and sciences: (1) nine semester hours in communication; (2) six semester hours in mathematics; (3) eight semester hours in laboratory science; (4) nine semester hours in social and behavioral science; and (5) nine semester hours in humanities and fine arts. B. In addition to the requirements specified in Subsections A and C of this section, the department shall require that a person seeking standard or alternative elementary licensure shall have completed six hours of reading courses and six hours of mathematics methods courses. A person seeking standard or alternative secondary licensure shall have completed three hours of reading courses in subject matter content and, if seeking a mathematics endorsement, six hours of mathematics methods courses. The hours of mathematics methods required by this 2026 act shall apply to licenses issued on or after July 1, 2028. C. Except for licensure by reciprocity, the department shall require, prior to initial licensure, no less than sixteen weeks of student teaching, a portion of which shall occur in the first thirty credit hours taken in the college of education and shall be under the direct supervision of a teacher and a portion of which shall occur in the student's senior year with the student teacher being directly responsible for the classroom. D. Nothing in this section shall preclude the department from establishing or accepting equivalent requirements for purposes of reciprocal licensure or minimum requirements for alternative licensure. E. Vocational teacher preparatory programs may be exempt from Subsections A through C of this section upon a determination by the department that other licensure requirements are more appropriate for vocational teacher preparatory programs. F. Before December 31, 2021, the department shall create a license endorsement in secondary computer science available to all teachers who hold a valid license and demonstrate sufficient content knowledge in computer science as determined by the department. The department shall consult with computer science education experts with experience in creating or supporting computer science endorsement pathways when developing computer science endorsement requirements. 1978 Comp., § 22-2-8.7, enacted by Laws 1986, ch. 33, § 8; 1987, ch. 225, § 1; 2001, ch. 255, § 1; 2001, ch. 261, § 1; recompiled and amended as § 22-10A-6 by Laws 2003, ch. 153, § 37; 2009, ch. 272, § 1; 2015, ch. 97, § 1; 2021, ch. 102, § 1; 2026, ch. 53, § 1.

NMSA 1978, § 22-10A-7 Level one licensure

22-10A-7. Level one licensure A. A level one license is a provisional five-year license for beginning teachers that requires as a condition of licensure that the licensee undergo a formal mentorship program for at least one full school year and an annual intensive performance evaluation by a school administrator for at least three full school years before applying for a level two license. B. Each school district, in accordance with department rules, shall provide for the mentorship and evaluation of level one teachers. At the end of each year and at the end of the license period, the level one teacher shall be evaluated for competency. If the teacher fails to demonstrate satisfactory progress and competence annually, the teacher may be terminated as provided in Section 22-10A-24 NMSA 1978. If the teacher has not demonstrated satisfactory progress and competence by the end of the five-year period, the teacher shall not be granted a level two license. C. Except in exigent circumstances defined by department rule, a level one license shall not be extended beyond the initial period. D. The department shall issue a standard level one license to an applicant who is at least eighteen years of age who: (1) holds a baccalaureate degree from an accredited educational institution; (2) has successfully completed a department-approved teacher preparation program from a nationally accredited or state-approved educational institution; (3) has passed the New Mexico teacher assessments or the New Mexico teacher portfolio, including for elementary licensure beginning January 1, 2013, a rigorous assessment of the candidate's knowledge of the science of teaching reading; and (4) meets other qualifications for level one licensure, including clearance of the required background check. E. The department shall issue a standard level one vocational license to an applicant who meets the requirements of Subsection D of this section or to an applicant who is at least twenty-three years of age and who: (1) has five or more years of professional experience in the vocational field in which the applicant will teach; and (2) meets other qualifications for level one licensure, including clearance of a background check pursuant to Section 22-10A-5 NMSA 1978. F. The department shall issue an alternative level one license to an applicant who meets the requirements of Section 22-10A-8 NMSA 1978. G. The department shall establish competencies and qualifications for specific grade levels, types and subject areas of level one licensure, including early childhood, elementary, middle school, secondary, special and vocational education. H. The minimum salary for a level one teacher is fifty-five thousand dollars ($55,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-12 plus program shall receive additional salary at the same rate as their base salary for that teaching time. I. After the issuance of a license, a license holder shall not be required to meet changed requirements to maintain the license until such time as the license expires and the license holder seeks renewal of the license. 1978 Comp., § 22-10A-7, enacted by Laws 2003, ch. 153, § 38; 2005, ch. 315, § 5; 2005, ch. 316, § 2; 2010, ch. 113, § 1; 2011, ch. 95, § 1; 2018, ch. 72, § 1; 2019, ch. 206, § 21; 2019, ch. 207, § 21; 2022, ch. 28, § 1; 2023, ch. 128, § 1; 2025, ch. 145, § 1; 2025, ch. 146, § 1; 2025, ch. 149, § 2.

NMSA 1978, § 22-10A-8 Alternative level one license

22-10A-8. Alternative level one license A. Except as provided in Subsection B of this section, the department shall issue an alternative level one license to a person who is at least eighteen years of age and who: (1) has completed a baccalaureate degree at an accredited institution of higher education and has received a passing score on a state-approved subject-area examination in the subject area of instruction for which the person is applying for a license; or (2) has completed a master's degree at an accredited institution of higher education, including completion of a minimum of twelve graduate credit hours in the subject area of instruction for which the person is applying for a license; or (3) has completed a doctoral or law degree at an accredited institution of higher education; and (4) has passed the New Mexico teacher assessments examination, including for elementary licensure beginning January 1, 2013, a rigorous assessment of the candidate's knowledge of the science of teaching reading; and (5) within two years of beginning teaching, completes a minimum of twelve semester hours of instruction in teaching principles in a program approved by the department; or (6) demonstrates to the department, in conjunction with the school district or state agency, that the person has met the department-approved competencies for level one teachers that correspond to the grade level that will be taught. B. A person seeking an alternative level one special education license to teach students with disabilities shall be at least eighteen years of age and meet the educational and assessment requirements of Paragraphs (1) through (4) of Subsection A of this section, as applicable. In addition, the person shall serve a fifteen-week apprenticeship under a level two or three-A special education teacher while taking related and interwoven coursework at a post-secondary educational institution that is designed to connect pedagogical theory with teaching practice, including: (1) lesson planning; (2) classroom and behavior management for students with special needs; (3) learning theory; (4) foundations of special education; and (5) culturally and linguistically relevant teaching techniques. C. A degree or examination referred to in Subsection A of this section shall correspond to the subject area of instruction and the particular grade level that will enable the applicant to teach in a competent manner as determined by the department. D. An alternative level one or alternative level one special education teacher shall participate in the same mentorship, evaluation and other professional development requirements as other level one teachers. E. A school district or state agency shall not discriminate against a teacher on the basis that the teacher holds an alternative level one license. F. The department shall provide by rule for training and other requirements to support the use of unlicensed content area experts as resources in classrooms, team teaching, on-line instruction, curriculum development and other purposes. 1978 Comp., § 22-10A-8, enacted by Laws 2003, ch. 153, § 39; 2007, ch. 264, § 1; 2011, ch. 36, § 1; 2011, ch. 95, § 2; 2021, ch. 129, § 1.

NMSA 1978, § 22-10A-8.1 Saving clause

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. Laws 2021, ch. 129, § 2.

NMSA 1978, § 22-10A-8.2 School nurses; level one licensure

22-10A-8.2. School nurses; level one licensure A. A level one license is a provisional three-year license for beginning registered nurses who do not have at least three years of nursing experience satisfactory to the department prior to being licensed as a school nurse and that requires as a condition of licensure that the licensee undergo a formal mentorship program for at least one full school year and an annual intensive performance evaluation by a level two or level three school nurse. If a school district or charter school does not have a level two or level three school nurse to perform the mentorship and evaluation for a level one school nurse, the school district or charter school shall defer to the department of health for guidance. A registered nurse with at least three years of nursing experience satisfactory to the department is not required to serve as a level one school nurse. B. Each school district or charter school, in accordance with department rules, shall provide for the mentorship and evaluation of level one school nurses. At the end of each year and at the end of the license period, the level one school nurse shall be evaluated for competency. If the school nurse fails to demonstrate satisfactory progress and competence annually, the school nurse may be terminated as provided in Section 22-10A-24 NMSA 1978. C. Except in exigent circumstances defined by department rule, a level one license shall not be extended beyond the initial period. D. The department shall issue a standard level one license to an applicant who is at least eighteen years of age who: (1) holds an associate or baccalaureate degree in nursing from an accredited educational institution; (2) is licensed by the board of nursing as a registered nurse; and (3) meets other qualifications for level one licensure, including clearance of the required background check. E. The department shall establish competencies and qualifications for level one licensure. F. The minimum salary for a level one school nurse is the same as that for a level one teacher. G. After the issuance of a license, a license holder shall not be required to meet changed requirements to maintain the license until such time as the license expires and the license holder seeks renewal of the license. Laws 2025, ch. 150, § 3; 2026, ch. 40, § 1.

NMSA 1978, § 22-10A-9 Teacher mentorship program for beginning teachers; purpose; department duties

22-10A-9. Teacher mentorship program for beginning teachers; purpose; department duties A. The purpose of the teacher mentorship program is to provide beginning teachers with an effective transition into the teaching field, to build on their initial preparation and to ensure their success in teaching; to improve the achievement of students; and to retain capable teachers in the classroom and to remove teachers who show little promise of success. B. The department shall develop a framework for a teacher mentorship program for all beginning teachers. The program shall provide mentorship services by level two or level three mentors to the beginning teacher for the full school year. C. The department shall work with licensed school employees, representatives from teacher preparation programs and the higher education department to establish the framework. D. The framework shall include: (1) individual support and assistance for each beginning teacher from a designated mentor; (2) structured training for mentors; (3) an ongoing, formative evaluation that is used for the improvement of teaching practice; (4) procedures for a summative evaluation of beginning teachers' performance during at least the first three years of teaching, including annual assessment of suitability for license renewal, and for final assessment of beginning teachers seeking level two licensure; (5) support from local school boards or governing bodies of charter schools, school administrators and other school district or charter school personnel; and (6) regular review and evaluation of the teacher mentorship program. E. The department shall: (1) require annual submission and approval of each school district's and charter school's teacher mentorship program; (2) provide technical assistance to school districts and charter schools that do not have a well-developed teacher mentorship program in place; (3) encourage school districts and charter schools to collaborate with teacher preparation program administrators at institutions of higher education, career educators, educational organizations, regional educational cooperatives and other state and community leaders in the teacher mentorship program; and (4) distribute up to two thousand dollars ($2,000) per year per beginning teacher from the beginning teacher mentorship fund for mentorship programs to school districts and charter schools; provided that no less than fifty percent of available funds shall be distributed on or before September 15 of each fiscal year according to the estimated number of teachers eligible to participate in their mentorship programs and, on or before January 15 of each fiscal year, distribute funding based on the actual number of eligible teachers participating in a mentorship program on the first reporting date of the school year, adjusted for any over- or under-estimation made in the first allocation. F. Each school district and charter school shall submit as part of its teacher mentorship program submission: (1) the number of teachers that have completed each of their mentorship programs the previous spring or summer and have been hired by the school district or charter school for the following school year; and (2) a description of the mentorship services that will be provided to each of its teachers, including the name of the teacher, the grade level the teacher has been hired to teach and the name of the public school and, if applicable, school district where the teacher has been hired. 1978 Comp., § 22-10A-9, enacted by Laws 2003, ch. 153, § 40; 2005, ch. 315, § 6; 2005, ch. 316, § 3; 2007, ch. 264, § 3; 2009, ch. 119, § 1; 2010, ch. 113, § 2; 2020, ch. 24, § 2.

NMSA 1978, § 22-10A-10 Level two licensure

22-10A-10. Level two licensure 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 shall provide the teacher with additional professional development and peer intervention during the following school year. If, by the end of that school year, the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom. B. The department shall issue a level two license to an applicant who has successfully taught at least three, but no more than five, years as a level one teacher or an alternative level one teacher, or a combination of the two, or is granted reciprocity as provided by department rules. An applicant for a level two license shall: (1) demonstrate essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and (2) meet other qualifications as required by the department. C. The department shall provide for qualifications for specific grade levels, types and subject areas of level two licensure, including early childhood, elementary, middle, secondary, special and vocational education. D. The minimum salary for a level two teacher is sixty-five thousand dollars ($65,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-12 plus program shall receive additional salary at the same rate as their base salary for that teaching time. 1978 Comp., § 22-10A-10, enacted by Laws 2003, ch. 153, § 41; 2005, ch. 315, § 7; 2005, ch. 316, § 4; 2018, ch. 72, § 2; 2019, ch. 191, § 1; 2019, ch. 206, § 22; 2019, ch. 207, § 22; 2022, ch. 28, § 2; 2023, ch. 128, § 2; 2025, ch. 145, § 2; 2025, ch. 149, § 3.

NMSA 1978, § 22-10A-10.1 School nurses; level two licensure

22-10A-10.1. School nurses; level two licensure A. A level two license is a nine-year license granted to a nurse who: (1) has demonstrated satisfactory progress and competency as a level one school nurse; or (2) has at least three years of registered nursing experience satisfactory to the department. B. If a level two school nurse does not demonstrate essential competency in a given school year, the school district or charter school shall provide the school nurse with additional professional development and mentorship during the following school year. If by the end of that school year the school nurse fails to demonstrate essential competency, a school district or charter school may choose not to contract with the school nurse. C. The minimum salary for a level two school nurse is the same as that for a level two teacher. Laws 2025, ch. 150, § 4; 2026, ch. 40, § 2.

NMSA 1978, § 22-10A-11 Level three licensure; tracks for teachers

22-10A-11. Level three licensure; tracks for teachers 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 school district shall provide the teacher with additional professional development and peer intervention during the following school year. If, by the end of that school year, the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom. B. The department shall grant a level three-A license to an applicant who has been a level two teacher for at least three years and holds a post-baccalaureate degree or national board for professional teaching standards certification; demonstrates instructional leader competence as required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications for the license. C. The department shall grant a level three-A license to an applicant seeking a level three-A vocational education license who does not meet the requirements of Subsection B of this section, but who otherwise is eligible for a level three-A license; provided that the applicant: (1) has been a level two teacher for at least three years; (2) provides documentation from an accredited higher education institution of the applicant's eligibility to teach dual-credit courses at the post-secondary level in the field in which the applicant is teaching; or (3) completes a department-approved career-technical education training certificate course of study that is a minimum of sixteen hours at an accredited higher education institution. D. The minimum salary for a level three-A teacher is seventy-five thousand dollars ($75,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-12 plus program shall receive additional salary at the same rate as their base salary for that teaching time. E. The minimum salary for a counselor who holds a level three or three-A license as provided in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection D of this section. 1978 Comp., § 22-10A-11, enacted by Laws 2003, ch. 153, § 42; 2005, ch. 315, § 8; Laws 2005, ch. 316, § 5; 2007, ch. 303, § 1; 2007, ch. 304, § 2; 2009, ch. 117, § 1; 2015, ch. 74, § 1; 2015, ch. 103, § 1; 2018, ch. 72, § 3; 2019, ch. 206, § 23; 2019, ch. 207, § 23; 2022, ch. 28, § 3; 2023, ch. 128, § 3; 2025, ch. 145, § 3; 2025, ch. 149, § 4.

NMSA 1978, § 22-10A-11.1 Alternative level two or level three license

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. Laws 2007, ch. 146, § 1.

NMSA 1978, § 22-10A-11.2 Deaf and hard-of-hearing teachers; alternative licensure assessment; saving provision

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. Laws 2009, ch. 10, § 1.

NMSA 1978, § 22-10A-11.3 Level three-B provisional licensure for school principals. (Repealed effective July 1, 2029.)

22-10A-11.3. Level three-B provisional licensure for school 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 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. Laws 2009, ch. 117, § 2.

NMSA 1978, § 22-10A-11.4 Level three-B administrator's license; tracks for school administrator licensure. (Repealed effective July 1, 2029.)

22-10A-11.4. Level three-B administrator's license; tracks for 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 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. Laws 2015, ch. 74, § 2; 2019, ch. 206, § 24; 2019, ch. 207, § 24.

NMSA 1978, § 22-10A-11.5 Provisional site administrator licensure

22-10A-11.5. Provisional site administrator licensure 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 three-A license; (2) be enrolled in a department-approved site administrator induction and mentoring program in the school district; and (3) be accepted into a department-approved site administrator preparation program. C. The provisional license is renewable up to three times upon annual proof of enrollment in a department-approved site administrator preparation program and satisfactory evaluations each year from the school district's mentoring program. After successful completion of the department-approved site administrator preparation program and satisfactory evaluations, the provisional license may be converted to a professional site administrator license if the candidate completes the requirements for that license. 1978 Comp., § 22-10A-11.5, enacted by Laws 2025, ch. 148, § 4.

NMSA 1978, § 22-10A-11.6 Initial site administrator license

22-10A-11.6. Initial site administrator license 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 middle school or assistant junior high school principal and 1.30 for an assistant high school principal. B. An initial site administrator license is a three-year license granted to an applicant who meets the qualifications for that license. Up to two one-year renewals may be granted upon request by the local superintendent. C. The department shall grant an initial site administrator license to an applicant who: (1) has successfully completed a department-approved site administrator preparation program or an out-of-state council for the accreditation of educator preparation- or association for advancing quality in educator preparation-accredited administrator preparation program and a department-approved clinical experience in New Mexico; (2) has at least three years of experience as a teacher or instructional support provider; (3) holds a post-baccalaureate degree or national board for professional teaching standards certification; and (4) meets any additional requirements as determined by the department. D. The minimum annual salary for a licensed site administrator serving as a school principal or assistant school principal is the minimum salary for a level three-A teacher multiplied by the applicable responsibility factor. E. 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. 1978 Comp., § 22-10A-11.6, enacted by Laws 2025, ch. 148, § 5.

NMSA 1978, § 22-10A-11.7 Professional site administrator licensure

22-10A-11.7. Professional site administrator licensure 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 national board for professional teaching standards certification; (2) has successfully completed a department-approved site administrator preparation program; (3) has at least one year of experience as a site administrator; (4) has successfully completed a department- approved site administrator induction program; and (5) meets any additional requirements as determined by the department. C. Licenses may be renewed on successful completion of department-required professional development and satisfactory annual performance evaluations. 1978 Comp., § 22-10A-11.7, enacted by Laws 2025, ch. 148, § 6.

NMSA 1978, § 22-10A-11.8 Provisional superintendent licensure

22-10A-11.8. Provisional superintendent licensure 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 the recommendation of an induction coach. B. The department shall grant a provisional superintendent license to an applicant who: (1) has at least one year of experience as a school administrator; (2) is enrolled in a department-approved superintendent induction and mentoring program; and (3) meets any additional requirements as determined by the department. 1978 Comp., § 22-10A-11.8, enacted by Laws 2025, ch. 148, § 7.

NMSA 1978, § 22-10A-11.9 Superintendent licensure

22-10A-11.9. Superintendent licensure 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 successfully completed a department-approved aspiring superintendent academy; (3) is enrolled in a department-approved superintendent induction and mentoring program, which must be successfully completed before license renewal; and (4) meets any additional requirements as determined by the department. C. Licenses may be renewed upon successful completion of department-required professional development. 1978 Comp., § 22-10A-11.9, enacted by Laws 2025, ch. 148, § 8.

NMSA 1978, § 22-10A-11.10 Licensure for school administrators not licensed as site administrators or superintendents

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

NMSA 1978, § 22-10A-11.11 School nurses; level three licensure

22-10A-11.11. School nurses; level three licensure A. A level three license is a nine-year license granted to a nurse who meets the qualifications for that level. If a level three school nurse does not demonstrate essential nursing competency in a given school year, the school district or charter school shall provide the school nurse with additional professional development and mentorship during the following school year. If by the end of that school year the school nurse fails to demonstrate essential nursing competency, a school district or charter school may choose not to contract with the school nurse. B. The department shall grant a level three license to an applicant who: (1) has been a level two school nurse for at least three years or has at least three years of registered nursing experience; (2) holds a post-baccalaureate degree or is certified by the national board for certification of school nurses; and (3) meets other qualifications for the license as determined by the department. C. The minimum salary for a level three school nurse is the same as that for a level three-A teacher. Laws 2025, ch. 150, § 5; 2026, ch. 40, § 3.

NMSA 1978, § 22-10A-12 Limited reciprocity

22-10A-12. Limited reciprocity 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 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 site administrator who holds an out-of-state license may apply for a lower level license if the teacher or site administrator does not meet the requirements for the higher level. B. The department may grant an initial site administrator license to an out-of-state candidate who does not meet the other requirements and qualifications of that license if the candidate: (1) has a standard, valid, unencumbered school administrator license from another state; (2) has worked as a site administrator for at least three years; (3) has a recent satisfactory performance evaluation; (4) is enrolled in a department-approved site administrator induction program; and (5) meets other requirements of the department. C. The department may grant a superintendent license to an out-of-state candidate who does not meet the other requirements and qualifications of that license if the candidate: (1) has a standard, valid, unencumbered school administrator license from another state; (2) has worked as a superintendent for at least three years; (3) is enrolled in a department-approved superintendent induction program; and (4) meets other requirements of the department. D. An instructional support provider licensed in another state may be granted a level two or level three license if the instructional support provider has professional experience, holds a professional license in addition to a school license, if applicable, and demonstrates the required competencies and meets other requirements and qualifications for the license sought, including clearance of the required background check. A local superintendent may require a mentorship period for the licensee if the local superintendent deems it necessary. An instructional support provider who holds an out-of-state school license may apply for a lower level license if the instructional support provider does not meet the requirements and qualifications for the higher level. 1978 Comp., § 22-10A-12, enacted by Laws 2003, ch. 153, § 43; 2019, ch. 80, § 1; 2025, ch. 146, § 2; 2025, ch. 148, § 10.

NMSA 1978, § 22-10A-12.1 Expedited licensure; military service members, spouses and dependents; waiver of fees; veterans

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 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 or certificate 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. Each entity that issues a license or certificate pursuant to the Public School Code, upon the conclusion of the state fiscal year, shall prepare a report on the number and type of licenses or certificates that were issued during the fiscal year under this section. The report shall be provided to the director of the office of military base planning and support not later than ninety days after the end of the fiscal year. Laws 2018, ch. 8, § 1; 2020, ch. 6, § 2; 2021, ch. 92, § 3.

NMSA 1978, § 22-10A-13 Native American language and culture certificates

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. 1978 Comp., § 22-10A-13, enacted by Laws 2003, ch. 153, § 44; 2022, ch. 40, § 1.

NMSA 1978, § 22-10A-14 Certificates of waiver

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. D. If a local superintendent or governing authority certifies to the department that an emergency exists in the hiring of a qualified site administrator, the department may issue a certificate of principalship waiver to a person who holds a level two or level three-A license but does not meet the other requirements for a site administrator license. Certificates of principalship waivers are one-year waivers and are not renewable. E. If a local school board certifies to the department that an emergency exists in the hiring of a qualified local superintendent, the department may issue a certificate of superintendency waiver to a person who holds a professional site administrator license but does not meet the other requirements for a superintendent license. Certificates of superintendency waivers are one-year waivers and are not renewable. 1978 Comp., § 22-10A-14, enacted by Laws 2003, ch. 153, § 45; 2015, ch. 58, § 13; 2025, ch. 148, § 11.

NMSA 1978, § 22-10A-15 Substitute teacher certificate

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. 1978 Comp., § 22-10A-15, enacted by Laws 2003, ch. 153, § 46; 2004, ch. 92, § 1.

NMSA 1978, § 22-10A-16 Parental notification

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. 1978 Comp., § 22-10A-16, enacted by Laws 2003, ch. 153, § 47.

NMSA 1978, § 22-10A-17 Instructional support provider licenses

22-10A-17. Instructional support provider licenses 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, occupational therapists, occupational therapy assistants, recreational therapists, marriage and family therapists, interpreters for the deaf, diagnosticians, attendance coaches, practical nurses, school health assistants, school business officials, rehabilitation counselors, athletic coaches, educational alcohol and drug abuse counselors and substance abuse associates. The department may provide a professional licensing framework in which licensees can advance in their careers through the demonstration of increased competencies and the undertaking of increased duties. B. The department shall provide by rule for the licensure requirements for any instructional support providers. If an instructional support provider practices a licensed profession, the provider shall provide evidence satisfactory to the department that the provider holds a current, unsuspended license in the profession for which the provider is applying to provide instructional support services. C. An instructional support provider licensed by the department shall also hold a valid professional license or certificate issued by the instructional support provider's respective licensing or certifying authority, if applicable, and shall continuously hold such underlying professional licensure or certification for as long as the instructional support provider holds licensure issued by the department. D. If the underlying professional license or certificate for any reason expires, is suspended, is revoked or is denied, a person seeking or holding an instructional support provider license shall notify the department in writing within fourteen calendar days of such suspension, revocation, denial or expiration. E. Suspension, revocation, denial or expiration of an underlying professional license or certificate, or failure to notify the department of such, shall constitute just cause for discharge or termination from employment and for suspension, revocation or denial of an instructional support provider license. 1978 Comp., § 22-10A-17, enacted by Laws 2003, ch. 153, § 48; 2004, ch. 27, § 24.; 2009, ch. 217, § 2; 2023, ch. 177, § 4.

NMSA 1978, § 22-10A-17.1 Educational assistants; licensing framework; qualifications; minimum salaries

22-10A-17.1. Educational assistants; licensing framework; 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 shall be assigned, and serve as assistants, to school staff licensed by the department. While there may be brief periods when educational assistants are alone with and in control of a classroom of students, their primary use shall be to work alongside or under the direct supervision of licensed staff. B. The department shall, through appropriate rules, institute a licensure system for educational assistants. The highest level of license shall ensure that educational assistants who hold that level of licensure meet the standard for paraprofessionals established in federal statute and regulation for employment in a Title 1 program. C. A licensed educational assistant who is a resident of New Mexico, who is authorized to work in the United States, who has been employed by a public school in a position that works directly with students for at least two years and is in good standing with the school district and who is enrolled in or accepted by an undergraduate teacher preparation program at a regionally accredited public post-secondary educational institution in New Mexico shall be granted professional leave by that public school to attend a teacher preparation program in New Mexico; provided that the public school may require that the professional leave minimizes disruption to the school day and may require an educational assistant to make up hours in exchange for hours missed from the school day. D. The minimum annual salary for licensed educational assistants shall be twenty-five thousand dollars ($25,000) effective in the 2023-2024 school year. E. The minimum salaries specified in Subsection D of this section may be adjusted in accordance with appropriations for that purpose in each school year as established by the secretary. F. School districts shall initiate the implementation of a career salary framework that supports the licensure system in department rules in fiscal year 2005. G. As used in this section, "teacher preparation program" means a program that has been formally approved as meeting the requirements of the department and that leads to level one teacher licensure, including a program in a two-year post-secondary educational institution that meets the requirements for a teacher education transfer module established pursuant to Subsection C of Section 21-1B-4 NMSA 1978. Laws 2004, ch. 30, § 1; 2021, ch. 11, § 8; 2023, ch. 14, § 1.

NMSA 1978, § 22-10A-17.2 Alternative level three-B licensure; track for instructional support providers. (Repealed effective July 1, 2029.)

22-10A-17.2. Alternative level three-B licensure; track for 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 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. Laws 2017, ch. 68, § 1.

NMSA 1978, § 22-10A-18 School principals; duties

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. 1978 Comp., § 22-10A-18, enacted by Laws 2003, ch. 153, § 49.

NMSA 1978, § 22-10A-19 Teachers and school principals; accountability; evaluations; sick leave; professional development; peer intervention; mentoring

22-10A-19. Teachers and school principals; accountability; 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 development plan for teachers shall include documentation on how a teacher who receives professional development that has been required or offered by the state or a school district or charter school incorporates the results of that professional development in the classroom. B. The local superintendent shall adopt policies, guidelines and procedures for the performance evaluation process. Evaluation by other school employees shall be one component of the evaluation tool for school administrators. A teacher's use of personal leave and up to ten days of sick leave shall not affect that teacher's annual performance evaluation; provided that the leave is used consistently with the policy of the local school board or the governing body of the charter school that employs that teacher. An annual performance evaluation may reflect the lowest score with respect to teacher attendance for a teacher who is determined by a school district or charter school to be using sick leave days in a manner inconsistent with a local school board policy, charter school governing council policy, administrative regulation or an applicable collective bargaining agreement. C. As part of the highly objective uniform statewide standard of evaluation for teachers, the school principal shall observe each teacher's classroom practice to determine the teacher's ability to demonstrate state-adopted competencies. D. At the beginning of each school year, teachers and school principals shall devise professional development plans for the coming year, and performance evaluations shall be based in part on how well the professional development plan was carried out. E. If a level two or three-A teacher's performance evaluation indicates less than satisfactory performance and competency, the school principal may require the teacher to undergo peer intervention, including mentoring, for a period the school principal deems necessary. If the teacher is unable to demonstrate satisfactory performance and competency by the end of the period, the peer interveners may recommend termination of the teacher. F. At least every two years, school principals shall attend a training program approved by the department to improve their evaluation, administrative and instructional leadership skills. 1978 Comp., § 22-10A-19, enacted by Laws 2003, ch. 153, § 50; 2010, ch. 107, § 1; 2019, ch. 12, § 1.

NMSA 1978, § 22-10A-19.1 Professional development; systemic framework; requirements; department duties

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. Laws 2004, ch. 27, § 25; 2019, ch. 2, § 1.

NMSA 1978, § 22-10A-19.2 Educator accountability report

22-10A-19.2. Educator accountability report 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 educator work force; provided that the system shall be designed in collaboration with: (a) all public post-secondary teacher and administrator preparation programs in New Mexico, including those programs that issue alternative or provisional licenses; (b) the teacher and administrator preparation programs' respective public post-secondary educational institutions; and (c) the higher education department; (2) require all public post-secondary teacher and administrator preparation programs to submit the data required for the uniform statewide educator accountability reporting system through the department's student teacher accountability reporting system; (3) use the uniform statewide educator accountability reporting system, in conjunction with the department's student teacher education accountability reporting system, to assess the status of the state's efforts to establish and maintain a seamless pre-kindergarten through post-graduate system of education; (4) adopt the format for reporting the outcome measures of each teacher and administrator preparation program in the state; and (5) issue an annual statewide educator accountability report. B. The annual educator accountability report format shall be clear, concise and understandable to the legislature and the general public. All annual program and statewide accountability reports shall ensure that the privacy of individual students is protected. C. Each teacher and administrator preparation program's annual educator accountability report shall include the demographic characteristics of the students and the following indicators of program success: (1) the standards for entering and exiting the program; (2) the number of hours required for field experience and for student teaching or administrator internship; (3) the number and percentage of students needing developmental course work upon entering the program; (4) the number and percentage of students completing each program; (5) the number and types of degrees received by students who complete each program; (6) the number and percentage of students who pass the New Mexico teacher or administrator assessments for initial licensure on the first attempt; (7) a description of each program's placement practices; and (8) the number and percentage of students hired by New Mexico school districts. D. The educator accountability report shall include an evaluation plan that includes high performance objectives. The plan shall include objectives and measures for: (1) increasing student achievement for all students; (2) increasing teacher and administrator retention, particularly in the first three years of a teacher's or administrator's career; (3) increasing the percentage of students who pass the New Mexico teacher or administrator assessments for initial licensure on the first attempt; (4) increasing the percentage of secondary school classes taught in core academic subject areas by teachers who demonstrate by means of rigorous content area assessments a high level of subject area mastery and a thorough knowledge of the state's academic content and performance standards; (5) increasing the percentage of elementary school classes taught by teachers who demonstrate by means of a high level of performance in core academic subject areas their mastery of the state academic content and performance standards; and (6) increasing the number of teachers trained in math, science and technology. E. In addition to the specifications in Subsections C and D of this section, the annual educator accountability report shall also include itemized information on program revenues and expenditures, including staff salaries and benefits and the operational cost per credit hour. F. The annual educator accountability report shall be adopted by each public post-secondary educational institution, reported in accordance with guidelines established by the department to ensure effective communication with the public and disseminated to the governor, legislators and other policymakers and business and economic development organizations by November 1 of each year. Laws 2007, ch. 264, § 2; 2009, ch. 20, § 1.

NMSA 1978, § 22-10A-19.3 Anti-racism and racial sensitivity training and professional development

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. Laws 2021, ch. 51, § 9.

NMSA 1978, § 22-10A-20 Staffing patterns; class load; teaching load

22-10A-20. Staffing patterns; class load; teaching load 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 class load for elementary school teachers at an individual school shall not exceed twenty-two students when averaged among grades one, two and three; provided that any teacher in grade one with a class load of twenty-one or more shall be entitled to the full-time assistance of an educational assistant. C. The average class load for an elementary school teacher at an individual school shall not exceed twenty-four students when averaged among grades four, five and six. D. The daily teaching load per teacher for grades seven through twelve shall not exceed one hundred sixty students, except the daily teaching load for teachers of required English courses in grades seven and eight shall not exceed one hundred thirty-five with a maximum of twenty-seven students per class and the daily teaching load for teachers of required English courses in grades nine through twelve shall not exceed one hundred fifty students with a maximum of thirty students per class. E. Students receiving special education services integrated into a regular classroom for any part of the day shall be counted in the calculation of class load averages. Students receiving special education services not integrated into the regular classroom shall not be counted in the calculation of class load averages. Only classroom teachers charged with responsibility for the regular classroom instructional program shall be counted in determining average class loads. In elementary schools offering only one grade level, average class loads may be calculated by averaging appropriate grade levels between schools in the school district. F. Class load limits provided for in this section do not apply to band or music classes or athletic electives. G. The state superintendent [secretary] may waive the individual school class load requirements established in this section. Waivers shall be applied for annually and a waiver shall not be granted for more than two consecutive years. Waivers may only be granted if a school district demonstrates that: (1) no portable classrooms are available; (2) no other available sources of funding exist to meet its need for additional classrooms; (3) the school district is planning alternatives to increase building capacity for implementation within one year; and (4) the parents of all children affected by the waiver have been notified in writing: (a) of the statutory class load requirements; (b) that the school district has made a decision to deviate from these class load requirements; and (c) of the school district plan to achieve compliance with the class load requirements. H. If a waiver is granted pursuant to Subsection G of this section to an individual school, the average class load for elementary school teachers at that school shall not exceed twenty students in grade one and shall not exceed twenty-five students when averaged among grades two, three, four, five and six. I. Each school district shall report to the department the size and composition of classes subsequent to the fortieth day and the December 1 count. Failure to meet class load requirements within two years shall be justification for the disapproval of the school district's budget by the state superintendent [secretary]. J. The department shall report to the legislative education study committee by November 30 of each year regarding each school district's ability to meet class load requirements imposed by law. K. Notwithstanding the provisions of Subsection G of this section, the state board [department] may waive the individual class load and teaching load requirements established in this section upon a demonstration of a viable alternative curricular plan and a finding by the state board that the plan is in the best interest of the school district and that, on an annual basis, the plan has been presented to and is supported by the affected teaching staff. The department shall evaluate the impact of each alternative curricular plan annually. Annual reports shall be made to the legislative education study committee. L. Teachers shall not be required to perform noninstructional duties except in emergency situations as defined by the state board [department]. For purposes of this subsection, "noninstructional duties" means noon hall duty, noon ground duty and noon cafeteria duty. 1978 Comp., § 22-2-8.2, enacted by Laws 1986, ch. 33, § 3; 1987, ch. 320, § 1; 1988, ch. 105, § 1; 1990 (1st S.S.), ch. 3, § 1; 1991, ch. 85, § 1; 1992, ch. 86, § 1; 1993, ch. 226, § 5; 1993, ch. 228, § 1; 1994, ch. 109, § 1; recompiled and amended as § 22-10A-20 by Laws 2003, ch. 153, § 51.

NMSA 1978, § 22-10A-21 Licensed school employees; employment contracts; duration

22-10A-21. Licensed school employees; employment contracts; 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 during the term of the contract and other provisions required by the rules of the department. B. All employment contracts between superintendents and licensed school employees shall be for a period of one school year except: (1) contracts for less than one school year are permitted to fill personnel vacancies that occur during the school year; (2) contracts for the remainder of a school year are permitted to staff programs when the availability of funds for the programs is not known until after the beginning of the school year; (3) contracts for less than one school year are permitted to staff summer school programs and to staff federally funded programs in which the federally approved programs are specified to be conducted for less than one school year; (4) contracts not to exceed three years are allowed at the discretion of the governing authority for superintendents; and (5) contracts not to exceed three years are allowed at the discretion of the governing authority for licensed school employees in public schools who have been employed for three consecutive school years. C. Persons employed under contracts for periods of less than one school year as provided in Paragraphs (1) and (2) of Subsection B of this section shall be accorded all the duties, rights and privileges of the School Personnel Act. D. In determination of eligibility for unemployment compensation rights and benefits for licensed school employees where those rights and benefits are claimed to arise from the employment relationship between governing authorities and licensed school employees, that period of a year not covered by a school year shall not be considered an unemployment period. E. Except as provided in Section 22-10A-22 NMSA 1978, a licensed school employee employed by contract pursuant to this section has no legitimate objective expectancy of reemployment, and no contract entered into pursuant to this section shall be construed as an implied promise of continued employment pursuant to a subsequent contract. 1953 Comp., § 77-8-8, enacted by Laws 1967, ch. 16, § 113; 1975, ch. 306, § 7; 1986, ch. 33, § 19; 1999, ch. 214, § 1; 1978 Comp., § 22-10-11, recompiled as § 22-10A-21 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 4.

NMSA 1978, § 22-10A-22 Licensed school employees; notice of reemployment; termination

22-10A-22. Licensed school employees; notice of reemployment; 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 employment for the ensuing school year. A notice of termination shall be a notice of intention not to reemploy for the ensuing school year. Failure of the superintendent to serve a written notice of reemployment or termination on a licensed school employee shall be construed to mean that notice of reemployment has been served upon the licensed school employee for the ensuing school year according to the terms of the existing employment contract but subject to any additional compensation allowed other licensed school employees of like qualifications and experience. Nothing in this section shall be construed to mean that failure of a superintendent to serve a written notice of reemployment or termination shall automatically extend a licensed school employee's employment contract for a period in excess of one school year. 1953 Comp., § 77-8-9, enacted by Laws 1967, ch. 16, § 114; 1975, ch. 306, § 8; 1986, ch. 33, § 20; 1978 Comp., § 22-10-12, recompiled as § 22-10A-22 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 5.

NMSA 1978, § 22-10A-23 Licensed school employees; reemployment; acceptance; rejection; binding contract

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. 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.

NMSA 1978, § 22-10A-24 Termination decisions; local school board; governing authority of a state agency; procedures

22-10A-24. Termination decisions; local school board; governing 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 deems sufficient. A local school board or governing authority of a state agency may terminate a nonlicensed school employee or a licensed educational assistant with less than one year of employment for any reason it deems sufficient. Upon request of the employee, the local superintendent or state agency administrator shall provide written reasons for the decision to terminate. The reasons shall be provided within ten working days of the request. The reasons shall not provide a basis for contesting the decision under the School Personnel Act. B. Before terminating a nonlicensed school employee or a licensed educational assistant, the local school board or governing authority shall serve the employee or assistant with a written notice of termination. C. A licensed school employee who has been employed by a school district or state agency for more than two consecutive years or a nonlicensed school employee or licensed educational assistant who has been employed for more than one year and who receives a notice of termination pursuant to either Section 22-10A-22 NMSA 1978 or this section may request an opportunity to make a statement to the local school board or governing authority on the decision to terminate the employee or assistant by submitting a written request to the local superintendent or state agency administrator within five working days from the date written notice of termination is served upon the employee or assistant. The employee or assistant may also request in writing the reasons for the termination action. The local superintendent or state agency administrator shall provide written reasons for the notice of termination to the employee or assistant within five working days from the date the written request for a meeting and the written request for the reasons were received by the local superintendent or state agency administrator. D. A local school board or governing authority may not terminate a licensed school employee who has been offered and accepted a third-year contract or a nonlicensed school employee or licensed educational assistant who has been employed by a school district or state agency for more than one year without just cause. E. The employee's request pursuant to Subsection C of this section shall be granted if the employee responds to the local superintendent's or state agency administrator's written reasons as provided in Subsection C of this section by submitting in writing to the local superintendent or state agency administrator a contention that the decision to terminate was made without just cause. The written contention shall specify the grounds on which it is contended that the decision was without just cause and shall include a statement of the facts that the employee believes support the employee's contention. This written statement shall be submitted within ten working days from the date the employee receives the written reasons from the local superintendent or state agency administrator. The submission of this statement constitutes a representation on the part of the employee that the employee can support the employee's contentions and an acknowledgment that the local school board or governing authority may offer the causes for its decision and any relevant data in its possession in rebuttal of the employee's contentions. F. A local school board or governing authority shall meet to hear the employee's statement in no less than five or more than fifteen working days after the local school board or governing authority receives the statement. The hearing shall be conducted informally in accordance with the provisions of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. The employee and the local superintendent or state agency administrator may each be accompanied by a person of the employee's and the local superintendent's or state agency administrator's choice. First, the local superintendent shall present the factual basis for the determination that just cause exists for the termination of the employee, limited to those reasons provided to the employee pursuant to Subsection C of this section. Then, the employee shall present the employee's contentions, limited to those grounds specified in Subsection E of this section. The local school board or governing authority may offer such rebuttal testimony as it deems relevant. All witnesses may be questioned by the local school board or governing authority, the employee or the employee's representative and the local superintendent or state agency administrator or the local superintendent's or state agency administrator's representative. The local school board or governing authority may consider only such evidence as is presented at the hearing and need consider only such evidence as it considers reliable. The local school board or governing authority shall notify the employee and the local superintendent or state agency administrator of its decision in writing within five working days from the conclusion of the meeting. 1953 Comp., § 77-8-11, enacted by Laws 1967, ch. 16, § 116; 1975, ch. 306, § 10; 1979, ch. 86, § 1; 1983, ch. 103, § 1; reenacted by Laws 1986, ch. 33, § 22; 1987, ch. 320, § 5; 1990, ch. 90, § 2; 1991, ch. 187, § 4; 1993, ch. 226, § 27; 1994, ch. 110, § 2; 1978 Comp., § 22-10-14, recompiled as § 22-10A-24 by Laws 2003, ch. 153, § 72; 2019, ch. 232, § 1; 2021, ch. 94, § 6.

NMSA 1978, § 22-10A-25 Appeals; independent arbitrator; qualifications; procedure; binding decision

22-10A-25. Appeals; independent arbitrator; qualifications; 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 superintendent or administrator within five working days from the receipt of the local school board's or governing authority's written decision or the refusal of the board or authority to grant a hearing. The appeal shall be accompanied by a statement of particulars specifying the grounds on which it is contended that the decision was impermissible pursuant to Subsection E of Section 22-10A-24 NMSA 1978 and including a statement of facts supporting the contentions. Failure of the employee to submit a timely appeal or a statement of particulars with the appeal shall disqualify the employee for any appeal and render the local school board's or governing authority's decision final. B. The local school board or governing authority and the employee shall meet within ten working days from the receipt of the request for an appeal and select an independent arbitrator to conduct the appeal. If the parties fail to agree on an independent arbitrator, they shall request the presiding judge in the judicial district in which the employee's public school is located to select one. The presiding judge shall select the independent arbitrator within five working days from the date of the parties' request. C. A qualified independent arbitrator shall be appointed who is versed in employment practices and school procedures and who preferably has experience in the practice of law. No person shall be appointed to serve as the independent arbitrator who has any direct or indirect financial interest in the outcome of the proceeding, has any relationship to any party in the proceeding, is employed by the local school board or governing authority or is a member of or employed by any professional or labor organization of which the employee is a member. D. Appeals from the decision of the local school board or governing authority shall be decided after a de novo hearing before the independent arbitrator. The issue to be decided by the independent arbitrator is whether there was just cause for the decision of the local school board or governing authority to terminate the employee. E. The de novo hearing shall be held within thirty working days from the selection of the independent arbitrator. The arbitrator shall give written notice of the date, time and place of the hearing, and such notice shall be sent to the employee and the local school board or governing authority. F. Each party has the right to be represented by counsel at the hearing before the independent arbitrator. G. Discovery shall be limited to depositions and requests for production of documents on a time schedule to be established by the independent arbitrator. H. The independent arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. I. The rules of civil procedure shall not apply to the de novo hearing, but it shall be conducted so that both contentions and responses are amply and fairly presented. To this end, the independent arbitrator shall permit either party to call and examine witnesses, cross-examine witnesses and introduce exhibits. The technical rules of evidence shall not apply, but, in ruling on the admissibility of evidence, the independent arbitrator shall require reasonable substantiation of statements or records tendered, the accuracy or truth of which is in reasonable doubt. J. The local school board or governing authority has the burden of proof and shall prove by a preponderance of the evidence that, at the time the notice of termination was served on the employee, the local school board or governing authority had just cause to terminate the employee. If the local school board or governing authority proves by a preponderance of the evidence that there was just cause for its action, then the burden shifts to the employee to rebut the evidence presented by the local school board or governing authority. K. The independent arbitrator shall uphold the local school board's or governing authority's decision only if it proves by a preponderance of the evidence that, at the time the notice of termination was served on the employee, the local school board or governing authority had just cause to terminate the employee. If the local school board or governing authority fails to meet its burden of proof or if the employee rebuts the proof offered by the local school board or governing authority, the arbitrator shall reverse the decision of the local school board or governing authority. L. Either party desiring a record of the arbitration proceedings may, at the party's own expense, record or otherwise provide for a transcript of the proceedings; provided, however, that the record so provided shall not imply any right of automatic appeal or review. M. The independent arbitrator shall render a written decision affirming or reversing the action of the local school board or governing authority. The decision shall contain findings of fact and conclusions of law. The parties shall receive actual written notice of the decision of the independent arbitrator within ten working days from the conclusion of the de novo hearing. N. The sole remedies available under this section shall be reinstatement or payment of compensation reinstated in full but subject to any additional compensation allowed other employees of like qualifications and experience employed by the school district or state agency and including reimbursement for compensation during the entire period for which compensation was terminated, or both, less an offset for any compensation received by the employee during the period the compensation was terminated. O. Unless a party can demonstrate prejudice arising from a departure from the procedures established in this section and in Section 22-10A-24 NMSA 1978, such departure shall be presumed to be harmless error. P. The decision of the independent arbitrator shall be binding on both parties and shall be final and nonappealable except where the decision was procured by corruption, fraud, deception or collusion, in which case it shall be appealed to the district court in the judicial district in which the public school or state agency is located. Q. Each party shall bear its own costs and expenses. The independent arbitrator's fees and other expenses incurred in the conduct of the arbitration shall be assigned at the discretion of the independent arbitrator. R. School districts shall file a record with the department of all terminations and all actions arising from terminations annually. 1978 Comp., § 22-10-14.1, enacted by Laws 1986, ch. 33, § 23; 1990, ch. 90, § 3; 1991, ch. 187, § 5; 1994, ch. 110, § 3; recompiled as § 22-10A-25 by Laws 2003, ch. 153, § 72; 2021, ch. 94, § 7.

NMSA 1978, § 22-10A-26 Excepted from provisions

22-10A-26. Excepted from provisions 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; C. an unlicensed school employee employed to perform primarily district-wide management functions; or D. a person who does not hold a valid license or has not submitted a complete application for licensure within the first three months from beginning employment duties pursuant to Subsection C of Section 22-10A-3 NMSA 1978. 1953 Comp., § 77-8-13, enacted by Laws 1967, ch. 16, § 118; 1975, ch. 191, § 1; 1983, ch. 103, § 2; 1991, ch. 187, § 6; 1993, ch. 226, § 28; 1994, ch. 110, § 4; 1978 Comp., § 22-10-16, recompiled as § 22-10A-26 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 7.

NMSA 1978, § 22-10A-27 Discharge hearing; licensed school employees; procedures

22-10A-27. Discharge hearing; licensed school employees; 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 shall serve a written notice of intent to recommend discharge on the licensed school employee in accordance with the law for service of process in civil actions; and (2) the superintendent shall state in the notice of intent to recommend discharge the cause for the recommendation and shall advise the licensed school employee of the licensed school employee's right to a discharge hearing before the governing authority as provided in this section. If the licensed school employee does not exercise that right to hearing, the superintendent shall discharge the licensed school employee. B. A licensed school employee who receives a notice of intent to recommend discharge pursuant to Subsection A of this section may exercise the licensed school employee's right to a hearing before the governing authority by giving the superintendent written notice of that election within ten working days of the licensed school employee's receipt of the notice of intent to recommend discharge. C. The governing authority shall hold a discharge hearing no less than twenty and no more than forty working days after the superintendent receives the written election from the licensed school employee and shall give the licensed school employee at least ten days written notice of the date, time and place of the discharge hearing. D. Each party, the superintendent and the licensed school employee, may each be accompanied by a person of the party's choice. E. The parties shall complete and respond to discovery by deposition and production of documents prior to the discharge hearing. F. The governing authority shall have the authority to issue subpoenas for the attendance of witnesses and to produce books, records, documents and other evidence at the request of either party and shall have the power to administer oaths. G. The superintendent shall have the burden of proving by a preponderance of the evidence that, at the time of the notice of intent to recommend discharge, the superintendent had just cause to recommend discharge of the licensed school employee. H. The superintendent shall present evidence first, with the licensed school employee presenting evidence thereafter. The governing authority shall permit either party to call, examine and cross-examine witnesses and to introduce documentary evidence. I. An official record shall be made of the hearing. Either party may have one copy of the record at the expense of the governing authority. J. The governing authority shall render its written decision within twenty days of the conclusion of the discharge hearing. 1953 Comp., § 77-8-14, enacted by Laws 1967, ch. 16, § 119; 1975, ch. 306, § 12; reenacted by Laws 1986, ch. 33, § 24; 1989, ch. 281, § 1; 1990, ch. 90, § 4; 1991, ch. 187, § 7; 1978 Comp., § 22-10-17, recompiled as § 22-10A-27 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 8.

NMSA 1978, § 22-10A-28 Discharge appeals; licensed school employees; independent arbitrator; qualifications; procedure; binding decision

22-10A-28. Discharge appeals; licensed school employees; 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 decision to an independent arbitrator. A written notice of appeal shall be submitted to the governing authority within ten working days from the receipt of the copy of the written decision of the governing authority. B. The governing authority may delegate responsibility for the arbitration to the superintendent. The superintendent as delegate of the governing authority and the licensed school employee shall meet within ten calendar days from the receipt of the notice of appeal and select an independent arbitrator to conduct the appeal, or, in the event the parties fail to agree on an independent arbitrator, they shall request the presiding judge in the judicial district in which the public school is located to select the independent arbitrator. The presiding judge shall select the independent arbitrator within five working days from the date of the parties' request. C. A qualified independent arbitrator shall be appointed who is versed in employment practices and school procedures. No person shall be appointed to serve as the independent arbitrator who has any direct or indirect financial interest in the outcome of the proceeding, has any relationship to any party in the proceeding, is employed by the superintendent or is a member of or employed by any professional organization of which the licensed school employee is a member. D. Appeals from the decision of the governing authority shall be decided after a de novo hearing before the independent arbitrator. The superintendent, as delegate of the governing authority, shall have the burden of proving by a preponderance of the evidence that, at the time of the notice of intent to recommend discharge, the superintendent had just cause to discharge the licensed school employee. The superintendent shall present evidence first, with the licensed school employee presenting evidence thereafter. E. The hearing shall be held within thirty working days from the selection of the independent arbitrator. The independent arbitrator shall give written notice of the date, time and place of the hearing, and such notice shall be sent to the licensed school employee and the governing authority. F. Each party has the right to be represented by counsel at the hearing before the independent arbitrator. G. Discovery shall be limited to depositions and requests for production of documents on a time schedule to be established by the independent arbitrator. H. The independent arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action or in the manner provided by the American arbitration association's voluntary labor arbitration rules if that entity is used by the parties. I. The rules of civil procedure shall not apply to the hearing, but it shall be conducted so that both contentions and responses are amply and fairly presented. To this end, the independent arbitrator shall permit either party to call and examine witnesses, cross-examine witnesses and introduce exhibits. The technical rules of evidence shall not apply, but, in ruling on the admissibility of evidence, the independent arbitrator may require reasonable substantiation of statements or records tendered, the accuracy or truth of which is in reasonable doubt. J. An official record shall be made of the hearing. Either party may order a transcript of the record at the party's own expense. K. The independent arbitrator shall render a written decision affirming or reversing the action of the governing authority. The decision shall contain findings of fact and conclusions of law. The parties shall receive the written decision of the independent arbitrator within thirty working days from the conclusion of the hearing. L. Unless a party can demonstrate prejudice arising from a departure from the procedures established in this section and in Section 22-10A-27 NMSA 1978, such departure shall be presumed to be harmless error. M. The decision of the independent arbitrator shall be final and binding on both parties and shall be nonappealable except where the decision was procured by corruption, fraud, deception or collusion, in which case it may be appealed to the court of appeals by filing a notice of appeal as provided by the New Mexico rules of appellate procedure. N. Each party shall bear its own costs and expenses. The independent arbitrator's fees and other expenses incurred in the conduct of the arbitration shall be assigned at the discretion of the independent arbitrator. 1978 Comp., § 22-10-17.1, enacted by Laws 1986, ch. 33, § 25; 1990, ch. 90, § 5; 1991, ch. 187, § 8; recompiled as § 22-10A-28 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 9.

NMSA 1978, § 22-10A-29 Compensation payments to discharged personnel

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. 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.

NMSA 1978, § 22-10A-30 Supervision and correction procedures

22-10A-30. Supervision and correction procedures 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 discharge is served upon them and by the governing authority of a state agency in supervising and correcting unsatisfactory work performance of certified school instructors before notice of intent to discharge is served upon them. These regulations shall provide that written records shall be kept on all action taken by a local school board or the governing authority of a state agency to improve any person's unsatisfactory work performance and all improvements made in the person's work performance. These written records shall be introduced as evidence at any hearing for the person conducted by the local school board or the governing authority of the state agency. 1953 Comp., § 77-8-18, enacted by Laws 1967, ch. 16, § 123; 1975, ch. 306, § 16; 1986, ch. 33, § 26; 1978 Comp., § 22-10-21, recompiled as § 22-10A-30 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-10A-31 Denial, suspension and revocation of licenses

22-10A-31. Denial, suspension and revocation of licenses 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. 1953 Comp., § 77-8-19, enacted by Laws 1967, ch. 16, § 124; 1973, ch. 124, § 3; 1997, ch. 238, § 4; 1998, ch. 55, § 31; 1999, ch. 265, § 33; 1978 Comp., § 22-10-22, recompiled and amended as § 22-10A-31 by Laws 2003, ch. 153, § 52; 2021, ch. 94, § 8.

NMSA 1978, § 22-10A-32 School district personnel, school employees, school volunteers, contractors and contractors' employees; required training program

22-10A-32. School district personnel, school employees, school 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 neglect, ethical misconduct, professional responsibilities, sexual abuse and assault and substance abuse. Except as otherwise provided in this subsection, this requirement shall be completed within the school district employee's, school employee's, school volunteer's, contractor's or contractor's employee's first year of employment. B. The department shall develop or adopt training programs, including training materials and necessary training staff, to meet the requirements of Subsection A of this section to make the training available in every public school. The department shall promulgate rules for the administration of the training programs. The department shall coordinate the development of the programs with appropriate staff in school districts and at public schools, the human services department [health care authority department], the department of health, the early childhood education and care department and the children, youth and families department. The department shall consult with the federal centers for disease control and prevention when developing or adopting the evidence-based training component on child sexual abuse and assault to include methods and materials that have proven to be effective. At a minimum, training required under this section shall include: (1) reporting requirements, including minimal standards triggering reporting; (2) trauma-informed instruction; (3) identification of circumstances and factors that are indicators of likely abuse or inappropriate behaviors; (4) ethical misconduct; (5) professional responsibilities; (6) investigations and procedures; and (7) relevant legal and regulatory definitions. C. The training programs developed or adopted pursuant to this section shall be made available by the department to the deans of every college of education in New Mexico for use in providing such training to students seeking elementary and secondary education licensure. Laws 1988, ch. 48, § 1; 1993, ch. 226, § 25; 1978 Comp., § 22-10-3.2, recompiled and amended as § 22-10A-32 by Laws 2003, ch. 153, § 53; 2014, ch. 9, § 1; 2021, ch. 94, § 9.

NMSA 1978, § 22-10A-35 Local sabbatical leave program authorized

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. 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.

NMSA 1978, § 22-10A-36 Approved program required for sabbatical leave

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. 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.

NMSA 1978, § 22-10A-37 Minimum conditions for sabbatical leave

22-10A-37. Minimum conditions for sabbatical leave Any sabbatical leave program adopted by a local school district or a state agency shall provide the following as minimum conditions: A. only those certified employees who have completed at least six years of continuous service in a certified capacity with the school district or those certified school instructors who have completed at least six years of continuous service in a certified capacity with the state agency are eligible. For purposes of this section, a leave of absence without pay shall not be considered as an interruption of continuous service but the leave of absence without pay shall not be counted in determining the six-year requirement; B. further sabbatical leave may be granted in the seventh year of service following a period of sabbatical leave under the same conditions as other sabbatical leaves are granted; C. sabbatical leave shall be granted only upon agreement by the employee to return to the school system or state agency for at least two years following the leave or repayment to the school district or state agency of the salary received during the period of leave. Such agreement shall be placed in a supplementary contract executed prior to authorization for the sabbatical leave; D. the maximum term of any one period of sabbatical leave shall be one year; E. the employee shall be guaranteed an equivalent or better position upon return to the school system or state agency; F. if regular salary increments for length of service are contained in the salary schedule, the period of leave shall be counted as period of service in the computation of future length of service increments; and G. the employee may continue his participation in the educational retirement plan by making appropriate contributions as agreed by the local school board or the governing authority of the state agency and the educational retirement board. 1953 Comp., § 77-8-23, enacted by Laws 1969, ch. 116, § 4; 1975, ch. 306, § 19; 1978 Comp., § 22-10-25, recompiled as § 22-10A-37 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-10A-38 Pay for sabbatical leave

22-10A-38. Pay for sabbatical leave Sabbatical leave pay may be allowed in any amount up to one-half of the employee's regular salary for the year immediately preceding the leave and payment shall be made by one of the two following methods: A. one-half to be paid at the end of the first year after return and one-half at the end of the second year after return; or B. during the term of the leave upon the furnishing of security satisfactory to the local school board or the governing authority of the state agency assuring the employee's remaining in the system for two years after the leave or repayment to the school district or state agency of the salary received during the period of leave. 1953 Comp., § 77-8-24, enacted by Laws 1969, ch. 119, § 5; 1975, ch. 306, § 20; 1978 Comp., § 22-10-26, recompiled as § 22-10A-38 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-10A-39 Noncertified school personnel; salaries

22-10A-39. Noncertified school personnel; salaries Notwithstanding the provisions of Section 50-4-22 NMSA 1978, a local school district shall pay a minimum wage rate of six dollars ($6.00) per hour to all noncertified school personnel. Laws 1994, ch. 95, § 1; 1978 Comp., § 22-10-27, recompiled as § 22-10A-39 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-10A-40 School security personnel; definitions; required training

22-10A-40. School security personnel; definitions; required training A. As used in this section: (1) "firearm" means a handgun recommended by the department of public safety and authorized by the public school insurance authority; (2) "local school board" includes governing bodies of charter schools; (3) "school district" includes charter schools; (4) "school premises" means: (a) the buildings and grounds, including playgrounds, playing fields and parking areas, and any school bus of a public school, whether owned by the school district or under contract, in or on which school or school-related activities are being conducted under the supervision of the local school board; or (b) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which school-related and school-sanctioned activities are being performed; and (5) "school security personnel" means retired or former certified and commissioned law enforcement officers who are employed by a school district and authorized by department rules and local school board policy to carry a firearm on school premises. B. The department shall promulgate rules to carry out the purposes of this section. C. The department shall promulgate rules pertaining to persons who are prohibited from employment as school security personnel, including: (1) the applicability of Paragraph (1) or (3) of Subsection A of Section 28-2-4 NMSA 1978 for criminal offenders; (2) the commitment of a felony; a misdemeanor involving moral turpitude that has bearing on the job of school security personnel; formal discipline for the use of excessive force; or misconduct or crimes that include inappropriate touching, sexual harassment, sexual assault, sexual abuse, discrimination, behavior intended to induce a child into engaging in illegal, immoral or other prohibited behavior, crimes against children and dependents or sexual exploitation of children; and (3) negligent or illegal use of a firearm. D. Prior to an offer of employment, the school district shall require for each potential school security personnel: (1) proof that the retired or former law enforcement officer was certified and commissioned for no less than three years and left law enforcement in good standing; (2) successful completion of school security personnel training; (3) proof of up-to-date firearms training; (4) a background check that indicates the person has not been convicted of a crime or engaged in behavior that violates the School Personnel Act; and (5) any other conditions required by law, department rule or school district policy. E. School security personnel shall not perform any other job in the school district, by title or duty, other than school security while carrying a firearm. F. Prior to school security personnel being allowed to carry firearms authorized by department rules and local school board policy, the school security personnel must successfully pass a physical and psychological evaluation as prescribed by the department in consultation with the public school insurance authority to determine suitability to carry a firearm. The school district shall pay the cost of the physical and psychological evaluations for current and potential school security personnel. G. The department and the public school insurance authority shall approve one or more school security personnel and firearms training programs. Approved programs must include working with students with special needs, cultural competency and prohibited profiling practices. The department of public safety shall make recommendations for firearms training. Laws 2019, ch. 189, § 3

NMSA 1978, § 22-10A-40.1 Construction

22-10A-40.1. Construction Nothing in this 2019 act shall be construed as: A. allowing an armed school security personnel to carry firearms on school premises if doing so would be a violation of state or federal law; or B. applying to school resource officers. Laws 2019, ch. 189, § 4.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18522/index.doFetched: 10/20/2026

Starting a business in New Mexico? New Mexico LLC guide: costs and requirements