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. This subsection does not apply to a person performing the functions of a practice teacher or teaching intern as defined by the department.
B. Except as provided in Subsection C 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.
C. 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.
D. 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.
E. 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.
History: 1978 Comp., § 22-10A-3, enacted by Laws 2003, ch. 153, § 34; 2019, ch. 238, § 2; 2020, ch. 6, § 1; 2021, ch. 92, § 2.
The 2021 amendment, effective June 18, 2021, amended the existing provision that waives certain license fees for military members and veterans to include the waiver of certain certificate fees, and removed the definitions of terms; in Subsection C, after "No licensing", added "or certificate", after "three years a license", added "or certificate", and after "valid if the license", added "or certificate holder"; and deleted former Subsection F, which defined "military service member" and "veteran".
The 2020 amendment, effective July 1, 2020, provided a waiver of licensing fees for the first three years of a valid license for military service members and veterans, and defined "military service member" and "veteran" for purposes of this section; in Subsection B, added "Except as provided in Subsection C of this section"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and added Subsection F.
The 2019 amendment, effective June 14, 2019, exempted teaching interns from certain provisions of this section; in Subsection A, after "public school", deleted "or state agency", after "practice teacher", added "or teaching intern", and after "defined by the", deleted "state board" and added "department"; in Subsection B, after "The", deleted "state board" and added "department"; in Subsection C, after "practice teachers", added "or teaching interns", and after "rules of the", deleted "state board" and added "department"; and in Subsection D, Paragraph D(1), after "public school", deleted "and school district or to the educational program of the state agency", and in Paragraph D(3), after "students on", deleted "property belonging to the", and after the first occurrence of "public school", deleted "or state agency" and added "premises", and after the second occurrence of "public school", deleted "or state agency".
Certified school personnel defined. — A "certified" school employee is one who holds a certificate from the state board of education (now public education department) and includes both instructors and administrators. Naranjo v. Board of Educ. of Espanola Pub. Schs., 1995-NMSC-015, 119 N.M. 401, 891 P.2d 542.
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.