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.
History: Laws 2018, ch. 8, § 1; 2020, ch. 6, § 2; 2021, ch. 92, § 3.
The 2021 amendment, effective June 18, 2021, amended the existing provision that waives license fees for military members and veterans to include the waiver of certain substitute teacher certificate fees, and removed the definitions of terms; in Subsection A, after "provides", deleted "all of the documents required for the application" and added "a background check if required", and after "for a license", added "or a substitute teacher certificate", in Paragraph A(2), after "issue a license", added "prima facie", after "the teacher", added "or school employee", after "period for the licensee", added "or certificate holder", after "A teacher", added "or school employee"; after each occurrence of "license", added "or certificate" throughout; deleted former Subsection E, which defined "military service member" and "veteran", and added a new Subsection E.
The 2020 amendment, effective July 1, 2020, required the public education department to process and issue a license to qualified military service members and veterans within thirty days of application, waived the licensing fees for the first three years of a valid license for military service members and veterans, and amended the definition of "military service member" as used in this section; in the section heading, added "and dependents; waiver of fees; veterans"; in Subsection A, in the introductory paragraph, after "department shall", deleted "as soon as practicable" and added "no later than thirty days", after "military service member", deleted "the spouse of a military service member", and after "files an application," added "and provides all of the documents required for the application"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection E, added Subparagraphs E(1)(b) and E(1)(c).
Structure New Mexico Statutes
Article 10A - School Personnel
Section 22-10A-1 - Short title.
Section 22-10A-2 - Definitions.
Section 22-10A-3 - License or certificate required; application fee; general duties.
Section 22-10A-6 - Educational requirements for licensure.
Section 22-10A-7 - Level one licensure.
Section 22-10A-8 - Alternative level one license.
Section 22-10A-8 - Alternative level one license. (Effective July 1, 2022.)
Section 22-10A-8.1 - Saving clause. (Effective July 1, 2022.)
Section 22-10A-9 - Teacher mentorship program for beginning teachers; purpose; department duties.
Section 22-10A-10 - Level two licensure.
Section 22-10A-11 - Level three licensure; tracks for teachers.
Section 22-10A-11.1 - Alternative level two or level three license.
Section 22-10A-11.3 - Level three-B provisional licensure for school principals.
Section 22-10A-12 - Limited reciprocity.
Section 22-10A-13 - Native American language and culture certificates.
Section 22-10A-14 - Certificates of waiver.
Section 22-10A-15 - Substitute teacher certificate.
Section 22-10A-16 - Parental notification.
Section 22-10A-17 - Instructional support provider licenses.
Section 22-10A-17.1 - Educational assistants; licensing framework; qualifications; minimum salaries.
Section 22-10A-18 - School principals; duties.
Section 22-10A-19.1 - Professional development; systemic framework; requirements; department duties.
Section 22-10A-19.2 - Educator accountability report.
Section 22-10A-19.3 - Anti-racism and racial sensitivity training and professional development.
Section 22-10A-20 - Staffing patterns; class load; teaching load.
Section 22-10A-20.1 - Repealed.
Section 22-10A-21 - Licensed school employees; employment contracts; duration.
Section 22-10A-22 - Licensed school employees; notice of reemployment; termination.
Section 22-10A-25 - Appeals; independent arbitrator; qualifications; procedure; binding decision.
Section 22-10A-26 - Excepted from provisions.
Section 22-10A-27 - Discharge hearing; licensed school employees; procedures.
Section 22-10A-29 - Compensation payments to discharged personnel.
Section 22-10A-30 - Supervision and correction procedures.
Section 22-10A-31 - Denial, suspension and revocation of licenses.
Section 22-10A-35 - Local sabbatical leave program authorized.
Section 22-10A-36 - Approved program required for sabbatical leave.
Section 22-10A-37 - Minimum conditions for sabbatical leave.
Section 22-10A-38 - Pay for sabbatical leave.
Section 22-10A-39 - Noncertified school personnel; salaries.
Section 22-10A-40 - School security personnel; definitions; required training.