HB 47 — SCHOOL EMPLOYEE & ASSISTANTS PROBATION TIME

HOUSE BILL 47 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Patricia Roybal Caballero Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

REDUCING THE PROBATIONARY h PERIOD FOR NONLICENSED SCHOOL EMPLOYEES AND LICENSED g o EDUCATIONAL ASSISTANTS TO ONE YEAR.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 22-10A-24 NMSA 1978 (being Laws 1986, e u g e b l e e h Chapter 33, Section 22, as amended) is amended to read:

n d d i = = o h "22-10A-24.

TERMINATION DECISIONS--LOCAL SCHOOL l ] b ,d i a º e BOARD--GOVERNING AUTHORITY OF A STATE AGENCY--PROCEDURES.-- r i = r t e w d m a n o A.

A local school board or governing authority of a dstate magency :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.

b e d s º o t n = .211913.1 s k m e e a n e d r e l u [ A d state agency may terminate [an] HflºHECºan»HEC»Hfl HECºa licensed school employee, excluding licensed educational assistants, with fewer than three years of consecutive service»HEC HflºHflºa licensed school employee, excluding licensed educational assistants, with fewer than three years of consecutive service»Hfl»Hfl HflºHECºemployee with fewer than three years of consecutive service or a licensed school employee, excluding licensed educational assistants who have not been offered and accepted the third consecutive contract,»HEC»Hfl Hflºa licensed school employee, excluding licensed educational assistants who have not been offered and accepted the third consecutive contract,»Hfl for any reason it deems sufficient.

Upon request of h g the employee, the local superintendent or state agency o t hr administrator shall provide written reasons for the decision to g e i k terminate.

The reasons shall be provided within ten working h r i s days of the request.

The reasons shall not be publicly h , t, e u g disclosed by the local superintendent, state agency e b l e e h administrator, local HB 47/a school board or governing authority.

The n d d i = = o h reasons shall not Page 1 provide a basis for contesting the decision l ] b ,d i a º e r i = r under the School Personnel Act.

t e w d m a n o B.

Before terminating a [noncertifiednonlicensed ]school nonlicensedemployee dor ma :licensed educational assistant, the local school board or governing authority shall serve the employee or assistant with a written notice of termination.

b e d s º o t n = .211913.1 s k m e - 2 - e a n e d r e l u [ A d 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.

[An] A licensed school employee who has been employed by a school district or state agency for HECºmore less than three»HECtwo HECºmore than two»HEC consecutive years or a nonlicensed school employee or licensed educational assistant who has been employed for HECºless»HECmore HECºmore»HEC than one year and who receives a notice of termination pursuant to either Section [22-10-12 ] 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 [him ] 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 [him ] the employee or h assistant.

The employee or assistant may also request in g o t hr writing the reasons for the termination actionaction. [to terminate g e i k him].

The local superintendent or state agency administrator h r i s shall provide written reasons for the notice of termination to h , t, e u g the employee or assistant within five working days from the e b l e e h date the written request for a meeting and the written request n d d i = = o h for the reasons were received by the local superintendent or lstate ]HB b47/a ,dPage i2 a º e state agency administrator.

Neither the local superintendent r i = r t e w d m a n o or state agency administrator nor the local school board or dgoverning mauthority :shall publicly disclose its reasons for termination.

b e d s º o t n = .211913.1 s k m e - 3 - e a n e d r e l u [ A d governing authority shall publicly disclose its reasons for termination.

A local school board or governing authority may not terminate [an ] HflºHECºan»HEC»Hfl HECºa licensed school employee who has been employed by a school district or state agency for three consecutive years»HEC HflºHflºa licensed school employee who has been employed by a school district or state agency for three consecutive years»Hfl»Hfl HflºHECºemployee who has been employed by a school district or state agency for three consecutive years, a licensed school employee who has been offered and accepted a third-year contract»HEC»Hflcontract Hflºa licensed school employee who has been offered and accepted a third-year contract»Hfl or a nonlicensed school employee or licensed educational assistant who has been employed by a school district or state agency for HECºmoremore than»HECthan one year without just cause.

h E.

The employee's request pursuant to Subsection C u » r t h of this section shall be granted if [he] the employee responds g e l i to the local superintendent's or state agency administrator's h r i s written reasons as provided in Subsection C of this section by h , e h t u g submitting in writing to the local superintendent or state e b l e e , gh agency administrator a contention that the decision to n d d i = = o h terminate [him ] was made without just cause.

The written l ] b ,d i a º r e r = contention shall specify the grounds on which it is contended t e w d m a n o that the decision was without just cause and shall include a dstatement mof :the facts that the employee believes support the employee's contention.

b r e t º o t n = .211913.1 s k m e - 4 - e a n e d r e l u [ A d statement of the facts that the employee believes support [his] the employee's contention.

The submission of this statement constitutes a representation on the part of the employee that [he]HB 47/a Page 3 the employee can support [his] 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 [his ] the employee's contentions.

The hearing shall be conducted informally in accordance with the h provisions of the Open Meetings Act.

The employee and the g o t hr local superintendent or state agency administrator may each be g e i k accompanied by a person of [his] the employee's and the local h r i s superintendent's or state agency administrator's choice.

h , t, First, the local superintendent shall present the factual basis e u g e b l e e h for [his] the determination that just cause exists for the n d d i = = o h termination of the employee, limited to those reasons provided l ] b ,d i a º e to the employee pursuant to Subsection C of this section.

rThen, ithe =employee rshall tpresent ethe wemployee's dcontentions, mlimited ato nthose ogrounds Then,specified thein employeeSubsection shallE presentof [histhis ]section. the employee's d m :

b e d s º o t n = .211913.1 s k m e - 5 - e a n e d r e l u [ A d contentions, limited to those grounds specified in Subsection E of this section.

All witnesses may be questioned by the local school board or governing authority, the employee or [his ] the employee's representative and the local superintendent or state agency HB 47/a Page 4 administrator or [his] the local superintendent's or state agency administrator's representative.

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." -HB 647/a -Page h5 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211913.1 s k m e e a n e d r e l u [ A d