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 twelve thousand dollars ($12,000) effective in the 2004-2005 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.
History: Laws 2004, ch. 30, § 1; 2021, ch. 11, § 8.
Cross references. — For Title 1, see 20 U.S.C, 6301.
The 2021 amendment, effective July 1, 2021, granted educational assistants professional leave to attend teacher preparation programs in New Mexico if the educational assistants meet certain conditions, defined "teacher preparation program" for purposes of this section, and made technical changes; in Subsection B, deleted "Educational assistants hired on or after January 8, 2002, who provide instructional support in a Title 1 program, must meet the qualifications for the highest level of licensure on the effective date of this statute. Paraprofessionals hired prior to January 8, 2002 must meet the qualifications for the highest level of licensure by January 8, 2006"; added a new Subsection C and redesignated former Subsections C through E as Subsections D through F, respectively; and added Subsection G.
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.