National Education Association- New Mexico

Successful Legislative Session Ends

The legislature adjourned on February 19, after making historic progress on educational and public employee issues.  Two percent salary increases are included in the budget.  Dangerous bills such as voucher schemes (SB 300) and fingerprinting of currently practicing staff (HB 121)never saw the light of day.  School Funding increased by nearly 6%.  Legislation allowing increased bargaining on health insurance premiums passed.  A new School Reform Reserve Fund of $120 million was created to assure that reforms are funded in the future.  A new licensure bill and salary structure for educational assistants makes progress on fair treatment for increased qualifications required by federal law.  The new Public Education Department was adequately funded with the charge to work as partners to improve education.  The legislature appropriated some $1.9 billion, through the General Appropriations Act, for program costs expenditures to local school districts, the bulk of school funding in New Mexico.  This represents a $100,168,000 increase funding to school districts.  Most of the increase pays for:

• legislative intent for a 2.0 percent salary increase for all public school personnel (language specifying that the increase is mandatory for school districts with membership [students] greater than 10,000 was vetoed);

• a $35,000 minimum salary for Level 2 and Level 3 teachers in FY 05 to implement the second year of the five-year phase-in of the three-tiered licensure framework;

• funds to “open the doors” (including funding for increased enrollment growth, fixed and insurance costs);

• funds to annualize in FY 05 the 6.0 percent salary increase for teachers and instructional staff provided no later than the last pay period in December 2003 (FY 04);

• the final year of the five-year phase-in of full-day kindergarten;

• the second year of the three-year phase-in of elementary fine arts education; and

• the establishment of a career advancement initiative for educational assistants beginning in school year 2004-2005 (contingent upon enactment of CS/HB 304, as amended, Educational Assistant Licensing and Salaries, signed by the Governor on March 1).

In other funding measures, the Legislature appropriated approximately $134.5 million for public school transportation operations (including a 2.0 percent salary increase for transportation employees), supplemental distributions, the Instructional Material Fund, the Educational Technology Fund, and the Incentives for School Improvement Fund. Approximately $17.3 million goes to fund the Public Education Department (PED) and education-related initiatives, such as the Beginning Teacher Mentorship Program, Family and Youth Services in the Family and Youth Resources Act, and the Indian Education Act.

The Legislature also appropriated approximately $13.6 million in special, non-recurring funds for education reform initiatives in PED; contingencies related to district purchases of instructional materials; and the School Library Fund. 

On March 1, Governor signed the Public Education Department Act transferring the powers and duties of the former State Board of Education and the State Superintendent of Public Instruction to the Public Education Department and the Secretary of Public Education and defines the powers and duties of the Public Education Commission (PEC); this act also clarified the status of librarians as teachers entitled to the minimum salaries contained in last year's school reform act. The Governor also signed an amendment to the Compulsory School Attendance Law requiring local school boards to establish attendance and truancy policies that provide early identification of students with attendance problems and provide for intervention measures to prevent truancy.

Of great importance to us, the Governor also signed an amendment to the School Personnel Act, House Bill 304, the Educational Assistant Licensing and Salaries Act, requiring that the PED  institute a licensure system for educational assistants and establishing a minimum salary of $12,000, in accordance with each year’s appropriation.  This legislation will provide a starting point for a licensure system that insures that assistants at the highest level of licensure are fully qualified under federal Title I guidelines.  The licensure system currently in place by regulation would continue to operate.  The statute also provides a minimum starting salary as follows:

1. The minimum salary for licensed educational assistants shall be twelve thousand ($12,000) effective in the 2004-2005 school year. 

2. The minimum salaries specified in Subsection C of this section may be adjusted in accordance with appropriations for that purpose in each school year.

3. School districts shall initiate the implementation of a career salary framework that supports the licensure system in public education department rules in fiscal year 2005.

This language insures the expenditure of  $5 million dollars in the General Appropriations on minimum salaries for educational assistants and will create a minimum of between $11,000 and $12,000.  We also have a commitment from the administration and Public Education Department to work on the implementation of additional salary components for presentation to the 2005 legislature.  Even though this compromise is not all that we hoped for, it is an important start for adequate salaries for education assistants.

Unfortunately, time ran out before a contentious Senate, stalled by Republican delaying tactics, could act on Representative Mimi Stewart 's House Bill 174, Instructional Support Provider Minimum Salaries. The legislation, which passed the House would have required that the Public Education Department create a comparable licensure system for licensed professionals other than teachers with minimum salaries comparable to that of the teacher licensure system, and make recommendations to the Legislative Education Study for possible action in the 2005 legislature.

In Capital funding, the Legislature supported, through its 2004 General Obligation Bond Act,  the acquisition of new, updated materials for public school libraries (including juvenile detention center libraries) with a $6.2 million appropriation, and also provided $5.0 million to address facilities needs for the final year of implementation of full-day kindergarten throughout the state. Since these appropriations are in the form of authorizations for General Obligation Bonds (GOBs), they will require voter approval at the November 2004 general election.

House Bill 451, allowing bargaining for an increase in the school district share of health insurance premiums also passed after negotiations among several legislators to combine several pieces of legislation. House Bill 529, sponsored by Representative Pauline Ponce, would have allowed, but not required school districts to pay up to 80% of school employee health insurance premiums.  House Bill 283, sponsored by Representative "Lucky" Varela, would have increased the employer share by 5%.  House Bill 451 was finally amended and passed; it permits bargaining the rate of employer payment for health insurance up to 80%, meeting the needs of both school employees and state employees.  The amended bill will allow:

"Within available revenue, school districts, charter schools, participating entities pursuant to the Public School Insurance Authority Act and institutions of higher education may contribute up to eighty percent of the cost of the insurance of all employees.

The Legislative Education Study Committee has prepared a thorough report regarding all education legislation passed in the 30-day legislative session.  Much of the legislation, including the budget, is still awaiting action by the Governor.  Follow the link below to access this report, which includes tables that indicate funding levels contained in the General Appropriations Act.

A House memorial (House Memorial 7, sponsored by Representative Kandy Cordova) puts that body on record as supporting a move toward parity between the educational retirement system and the public employee retirement system:

"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the state of New Mexico move toward parity between the Public Employees Retirement Act and the Educational Retirement Act to attract and retain teachers statewide and to provide a high quality education for the children of New Mexico."

Legislative Education Study Committee Legislative Update

Follow the links below for updates on legislation from the 2004 Legislative Session:

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