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 examination, 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 an alternative level one license to an applicant who meets the requirements of Section 22-10A-8 NMSA 1978.
F. 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.
G. The minimum salary for a level one teacher is forty thousand dollars ($40,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time.
History: 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.
Cross references. — For the public education department, see 9-24-4 NMSA 1978.
The 2019 Amendments. — Laws 2019, ch. 206, § 21 and Laws 2019, ch. 207, § 21, both effective June 14, 2019, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2019, ch. 207, § 21 as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2019, ch. 206, § 21 and Laws 2019, ch. 207, § 21 are described below. To view the session laws in their entirety, see the 2019 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2019, ch. 206, increased minimum salary levels for level one teachers, and provided that teachers in an extended learning program or K-5 plus program shall receive additional salary for that teaching time, and Laws 2019, ch. 207, § 21, provided that teachers in an extended learning program or K-5 plus program shall receive additional salary for that teaching time.
Laws 2019, ch. 206, § 21, effective June 14, 2019, increased minimum salary levels for level one teachers, and provided that teachers in an extended learning program or K-5 plus program shall receive additional salary for that teaching time; in Subsection G, after the subsection designation, deleted "With the adoption by the department of a highly objective uniform statewide standard of evaluation for level one teachers", after "level one teacher", deleted "shall be thirty-six thousand dollars ($36,000)" and added "is forty thousand dollars ($40,000)", and after the semicolon, added "provided that teachers in an extended learning program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time".
Laws 2019, ch. 207, § 21, effective June 14, 2019, provided that teachers in an extended learning program or K-5 plus program shall receive additional salary for that teaching time; in Subsection G, after the subsection designation, deleted "With the adoption by the department of a highly objective uniform statewide standard of evaluation for level one teachers", after "level one teacher", deleted "shall be thirty-six thousand dollars ($36,000)" and added "is provided that teachers in an extended learning program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time".
Applicability. — Laws 2019, ch. 207, § 29 provided that the provisions of Sections 21 through 24 of this act apply to school personnel contracted to provide services for summer 2019 K-5 plus programs in fiscal year 2019 and to all school personnel in fiscal year 2020 and subsequent fiscal years.
The 2018 amendment, effective May 16, 2018, increased the statutory minimum salaries for teachers with a level one license; in Subsection G, deleted "Beginning", after "With the", deleted "2003-2004 school year, with the", after "teacher shall be", deleted "thirty thousand dollars ($30,000)" and added "thirty-six thousand dollars ($36,000)", and deleted Subsection H, which related to the requirement that teachers be evaluated by the 2006-2007 school year.
The 2011 amendment, effective June 17, 2011, in Subsection D, required that knowledge of the science of teaching reading be included in the assessment examination for elementary licensure beginning on January 1, 2013.
The 2010 amendment, effective May 19, 2010, in Subsection A, after "formal mentorship program", added "for at least one full school year".
The 2005 amendment, effective April 7, 2005, changed the level one license from a three-year license to a five-year license in Subsection A; required at least three full school years of formal mentorship and intensive performance evaluation before a person may apply for a level two license in Subsection A; and changed the period of time within which to demonstrate progress and competence from three years to five years.
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.