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Hearing on Rule Changes May 3, 2006
Comments
May be Submitted Through May 3

The Public Education Department (“Department”)  will conduct a public hearing at 10:00 AM on Wednesday, May 3, 2006 at the Educator Quality Division Offices at 444 Galisteo, Suite A, Santa Fe, New Mexico. The purpose of the public hearing will be to obtain input on the following rules:

Rule Number

Rule Name

Proposed Action

6.60.2 NMAC

DEFINITIONS OF "LICENSE", "LICENSED", AND "LICENSURE"

Repeal rule

6.60.5 NMAC

COMPETENCY TESTING FOR LICENSURE

Amend rule

6.60.6 NMAC

CONTINUING LICENSURE FOR LICENSED EDUCATORS IN NEW MEXICO

Amend rule

6.60.7 NMAC

EDUCATOR LICENSURE APPLICATION FEE

Amend rule

6.60.8 NMAC

BACKGROUND CHECKS FOR EDUCATOR LICENSURE

Amend rule

6.61.2 NMAC

LICENSURE IN ELEMENTARY EDUCATION, GRADES K-8

Amend rule

6.61.3 NMAC

LICENSURE IN MIDDLE LEVEL EDUCATION, GRADES 5-9

Amend rule

6.61.4 NMAC

LICENSURE IN SECONDARY EDUCATION, GRADES 7-12

Amend rule

6.61.5 NMAC

LICENSURE FOR GRADES KINDERGARTEN THROUGH 12

Amend rule

6.61.6 NMAC

LICENSURE IN SPECIAL EDUCATION K-12

Amend rule

6.61.7 NMAC

LICENSURE IN SECONDARY VOCATIONAL-TECHNICAL EDUCATION

Amend rule

6.61.8 NMAC

LICENSURE IN EARLY CHILDHOOD EDUCATION, BIRTH--GRADE 3

Amend rule

6.61.10 NMAC

TEACHERS OF STUDENTS WITH BLINDNESS/VISUAL IMPAIRMENT B-12

Amend rule

6.62.2 NMAC

LICENSURE FOR EDUCATIONAL ADMINISTRATON, GRADES K-12

Amend rule

6.63.2 NMAC

LICENSURE FOR SCHOOL NURSES, GRADES K-12

Amend rule

6.63.3 NMAC

LICENSURE FOR ANCILLARY PERSONNEL NOT COVERED IN OTHER ANCILLARY REGULATIONS

Amend rule

6.63.4 NMAC

LICENSURE IN EDUCATION DIAGNOSIS

Amend rule

6.63.5 NMAC

LICENSURE FOR SCHOOL PSYCHOLOGISTS, K-12

Amend rule

6.63.6 NMAC

LICENSURE FOR SCHOOL COUNSELORS, K-12

Amend rule

6.63.7 NMAC

LICENSURE FOR SCHOOL SOCIAL WORKERS, K-12

Amend rule

6.63.9 NMAC

LICENSURE FOR EDUCATIONAL ASSISTANTS

Amend rule

6.63.11 NMAC

LICENSURE IN REHABILITATION COUNSELING, K-12

Amend rule

6.63.14 NMAC

CERTIFICATION IN NATIVE AMERICAN LANGUAGE AND CULTURE, K-12

Amend rule

6.63.15 NMAC

LICENSURE FOR SCHOOL HEALTH ASSISTANTS, GRADES K-12

Amend rule

6.64.2 NMAC

COMPETENCIES FOR ENTRY-LEVEL LANGUAGE ARTS TEACHERS

Amend rule

6.64.3 NMAC

COMPETENCIES FOR ENTRY-LEVEL READING TEACHERS

Amend rule

6.64.4 NMAC

COMPETENCIES FOR ENTRY-LEVEL MATHEMATICS TEACHERS

Amend rule

6.64.5 NMAC

COMPETENCIES FOR ENTRY-LEVEL SCIENCE TEACHERS

Amend rule

6.64.6 NMAC

COMPETENCIES FOR ENTRY-LEVEL HISTORY, GEOGRAPHY, ECONOMICS, CIVICS AND GOVERNMENT TEACHERS

Amend rule

6.64.7 NMAC

COMPETENCIES FOR ENTRY-LEVEL HEALTH EDUCATION TEACHERS

Amend rule

6.64.8 NMAC

COMPETENCIES FOR ENTRY-LEVEL LIBRARY MEDIA SPECIALISTS

Amend rule

6.64.9 NMAC

COMPETENCIES FOR ENTRY-LEVEL INFORMATION TECHNOLOGY COORDINATORS

Amend rule

6.64.10 NMAC

COMPETENCIES FOR ENTRY-LEVEL BILINGUAL EDUCATION TEACHERS

Amend rule

6.64.11 NMAC

COMPETENCIES FOR LICENSURE - TESOL COMPETENCIES

Amend rule

6.64.12 NMAC

LICENSURE IN MODERN, CLASSICAL, AND NATIVE LANGUAGES

Amend rule

6.64.13 NMAC

COMPETENCIES FOR ENTRY-LEVEL PERFORMING ARTS AND VISUAL ARTS EDUCATION TEACHERS

Amend rule

6.64.14 NMAC

COMPETENCIES FOR ENTRY-LEVEL PHYSICAL EDUCATION TEACHERS

Amend rule

6.64.15 NMAC

COMPETENCIES FOR ENTRY-LEVEL FAMILY AND CONSUMER SCIENCES TEACHERS

Amend rule

6.64.16 NMAC

COMPETENCIES FOR ENTRY-LEVEL TECHNOLOGY STUDIES/EDUCATION TEACHERS

Amend rule

6.64.17 NMAC

COMPETENCIES FOR ENTRY-LEVEL AGRICULTURAL EDUCATION TEACHERS

Amend rule

6.65.2 NMAC

(Proposed NMAC Number)

PROFESSIONAL DEVELOPMENT FRAMEWORK

(Proposed Part Name)

Adopt new rule

 Interested individuals may testify at the public hearing or submit written comments to Jo Lynn Gallegos, Administrative Assistant, Educator Quality Division, Public Education Department, Jerry Apodaca Education Building, 300 Don Gaspar, Santa Fe, New Mexico 87501-2786 ( jolynn.gallegos@state.nm.us) (telefax (505) 827-3525). Written comments must be received no later than 5 p.m. on May 3, 2006. However, the submission of written comments as soon as possible is encouraged.

Copies of the proposed rules may be accessed on the Department’s website http://ped.state.nm.us or obtained from Ms. Gallegos at (505) 827-3582 or as indicated in the preceding paragraph. The proposed rules will be made available at least thirty days prior to the hearings.

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in this meeting are asked to contact Ms. Gallegos as soon as possible. The Department requests at least ten (10) days advance notice to provide requested special accommodations.
 

Rule on Librarian Evaluation and Competencies

A new rule on  Performance Evaluation of Librarians, 6.69.5 NMAC was recently approved by Secretary of Education Veronica Garcia.  The new rule uses the term “librarian-teachers.” The rule has been filed with New Mexico Records and Archives and is available on the Administrative Code site. If you want to download an adobe version of the rule click this link: 6.69.5 NMAC.  

A very dedicated group of school librarians, including several NEA-NM members,  worked throughout 2004-05 on the requirements and competencies for evaluating librarians.  You will see that there are eleven competencies with indicators for levels one, two and three licensure. Also please note that “no later than June 30, 2006, each school district shall adopt policies, guidelines, and procedures for annual librarian-teacher performance evaluation that meet the requirements of the regulation.”

  During 2005-06 the Public  Education Department will develop a professional development dossier template for librarians and local annual evaluation forms that align with the eleven competencies.  These forms will be different, although similar, to the teacher dossier and local evaluation forms that we already have.  For this school year, school districts may continue to use the teacher forms in order to establish professional development plans and to complete year-end evaluations for librarians. Districts may also continue to use teacher evaluation competencies for librarians this year or  may decide to begin to use the new librarian competencies. Given the passage date of the rule in October, 2005-06 will be a transition year in this regard.

New Mexico Secretary of Education Clarifies Highly Qualified Status for Social Studies Teachers

Teachers with a composite social studies endorsement in New Mexico will meet federal highly qualified standards.

New guidance from US Department of Education indicates that “a composite social studies license might not provide adequate subject-matter preparation for each of these four subjects.” After reviewing New Mexico's social studies teacher preparation competencies and our licensure tests in social studies, New Mexico 
Secretary of Education Veronica Garcia has determined that our composite social studies licensure endorsement requirements adequately prepare teachers to teach history, geography, economics, civics, and government. No further demonstration of competency will be required of social studies teachers in New Mexico other than what already is stated in our own rule (6.64.6 NMAC) and reflected as endorsements on New Mexico Secondary 7-12, Middle Level 5-9, Specialty Area K-12, or Special Education K-12 teaching licenses. 

Full text of Secretary's memo of clarification

Deadlines

1)     Professional Development Plans must be in place for every teacher and librarian by the 40th day of school.  PDPs must be signed by the principal/administrator and the teacher and dated.

2)     Waiver requests for 05-06 are due to the Professional Licensure Bureau no later than 60 calendar days after the teacher commences his/her duties. Waivers of licensure standards are very strictly limited to only a very few situations now. See the Articles below.

Most Waivers Unavailable After 2005-2006 School Year

Except as provided above in the discussion of new HOUSSE timelines and in Special Education below, New Hires, new waivers in the core academic areas will not be issued for 05-06 unless the teacher can reasonably be expected to complete all coursework and/or testing by the NCLB deadlines of June 30, 2006 in urban districts, and June 30, 2007, in rural districts.  The rural districts in New Mexico are:

ANIMAS                     ELIDA                         AKE ARTHUR            PENASCO

CAPITAN                   ESTANCIA                 LOGAN                      QUEMADO

CARRIZOZO              FLOYD                       LOVING                     QUESTA

CHAMA VALLEY      FORT SUMNER         MAGDALENA           RESERVE      

CIMARRON               GRADY                       MAXWELL                 ROY

CLAYTON                 HAGERMAN              MELROSE                  SAN JON

CLOUDCROFT          HONDO VALLEY      MESA VISTA             PRINGER

CORONA                   HOUSE                       MORA                        TATUM

DES MOINES             JAL                              MOSQUERO              TEXICO

DORA                         JEMEZ MOUNTAIN  MOUNTAINAIR        VAUGHN

DULCE                       JEMEZ VALLEY        PECOS                        WAGON MOUND

 

Rural Flexibility

Teachers who are new hires in rural school districts, whether new-to-the-profession or veteran teachers, and who are “highly qualified” in one core subject, may teach any of the core subjects for up to three years while they demonstrate that they are “highly qualified” in all of the core subjects they teach. Rural districts may request content area waivers from the PED during that three-year period for those teachers to teach those subjects. Demonstrating competency for an endorsement may be done through coursework, testing, National Board Certification in the content area(s) or HOUSSE.

Special Education New Hires

Fully licensed special education teachers who are new hires and new-to-the profession who are “highly qualified” in either language arts, math or science, may teach any of the core subjects in any school district for up to two years from the date of hire while they demonstrate that they are “highly qualified” in all of the core subjects they teach.  The school district may request content area waivers from the PED during that two-year period for those teachers to teach those other subjects. “Highly qualified” may be demonstrated through coursework, testing, National Board Certification in the content area(s) or HOUSSE at any point during the two year period.

Waiver Holders May Not Teach in Certain Schools

Please also be aware that 22-10A-14 (D) NMSA 1978 becomes effective this year: “A teacher who holds a teaching or assignment waiver shall not be assigned to a school that has not made adequate yearly progress for two consecutive years.”  

 

New Fee for Adding Endorsements

On May 1, 2005 a new fee of $25.00 began for applications for adding licensure endorsements to existing licenses. This service has been free in the past.

New HOUSSE Rule Allows Teachers this Option After Two Years of Teaching

The Public Education Department has made a change in the HOUSSE requirement under NCLB.  Previously teachers had to have five years of teaching experience in order to be eligible for the HOUSSE pathways to demonstrate that they are “highly qualified.” The experience requirement has been reduced to two full years of teaching experience.  This change was made necessary due to language in the reauthorization of IDEA which contains an option for new special education teachers to begin teaching all of the core subjects if they are “highly qualified” in at least one. They must then demonstrate that they are “highly qualified” in all subjects within two years of initial employment. One of the options open to them to do this is HOUSSE.  Since our HOUSSE pathways have required five years of teaching experience, we needed to align with IDEA and reduce the experience requirement to two years. Doing that only for special education teachers would be unfair to general education teachers, so we have changed the experience requirement in HOUSSE to two full years of teaching experience for all teachers.  Since this is a lowering of the number of years required, no teacher will be adversely impacted by the change.

TESOL Waivers Limited by New US Department of Education Ruling

A recent clarification by officials of the US Department of Education regarding “highly qualified” TESOL teachers will have an impact on TESOL waivers in 2005-2006 in New Mexico. Essentially, their finding is that a teacher who is “highly qualified” in language arts or English is also “highly qualified” for TESOL. Of course, that does not imply that we will eliminate the TESOL endorsement, but only that beginning in 05-06 new TESOL waivers will be issued only to teachers who are already “highly qualified” in language arts or English. Teachers who are not highly qualified in language arts or English must complete their TESOL program before being issued a TESOL endorsement and before commencing duties in TESOL. There may be, however, a few renewals of TESOL waivers in 05-06 for those just finishing their programs this coming year. Who are the “highly qualified” teachers of language arts or English? They are: all elementary K-8 teachers teaching in a self-contained classroom in an elementary or middle school, and all middle level 5-9, secondary 7-12, and K-12 specialty area teachers endorsed in language arts. A new TESOL licensure test also will be available in September, 2006.

Level I License Now Issued for Five Year Period

Governor Richardson signed HB84 and SB 662 on Friday, April 8th. While these two bills have various provisions, the main one is the change to the effective period of the level one teaching license. Beginning immediately, level one teaching licenses will be issued for a five year period rather than the three years that has been the practice for the past eighteen years. Teachers will still be eligible to advance to level two after completion of three full years of teaching experience under a standard license, but if they do not advance or cannot advance, they will still have a license to teach for two additional years.  This will give teachers time to meet the dossier and local evaluation standards if they have failed to do so after three years, or if they simply could not complete a dossier for advancement in the third year. This impacts teaching licenses only.  Other level one licenses will continue to be for three years.

Teachers who currently hold level one licenses that expire on June 30, 2005, who are not now moving to level two, either because they were not successful in the dossiers or because they did not submit a dossier, will have their level one licenses extended for two more years. This will be done automatically by the Professional Licensure Bureau (PLB) between now and June 30, 2005. These licenses will not be mailed out unless the PLB receives confirmation of the name and address of the teacher. Teachers in this situation should not call the PLB. In fact, they should not do anything until around May 20, 2005, to give the PLB time to make the changes required in the law. Even then, the best way for a level one teacher whose license expires in 2005, who is not advancing to level two at this time, to get a copy of their new extended license, will be to send an e-mail to Bernadette Bach at bbach@ped.state.nm.us with their licensure file number, name as it should appear on the license, and current address.  Districts could facilitate this, if you wish, by sending a single list of teachers in this situation with file numbers and addresses.

Other level one teachers whose licenses do not expire until 06 or 07 or 08 will also automatically be extended for two more years from the date of expiration.  They also must provide confirmation of name and address before paper licenses will be mailed out.

Some Flexibility Under NCLB For ‘Highly Qualified’ Status For Some Middle School Teachers, Especially Special Education Teachers

James Ball, Assistant Secretary of Education for Educator Quality, has determined that the Public Education Department is able to interpret NCLB Non-Regulatory Guidance in a way that will allow more middle school teachers, especially special education middle school teachers, to be considered ¨highly qualified¨ under NCLB. Essentially, the flexibility that is available allows middle school teachers, both in general and special education who teach language arts, social studies, math, and science in self-contained classrooms to be evaluated for ¨highly qualified¨ status as elementary teachers rather than as middle school teachers. This is because their classrooms are organized on elementary school instructional models even if the school is called a middle school. These teachers must teach the core academic subjects to the same students in a self-contained elementary classroom arrangement. The students may go to other teachers for electives, but they must have a single teacher for their core subjects on an elementary school instructional model. This will be especially helpful for special education teachers since they often teach special education students in self-contained classrooms in middle schools. Evaluating these teachers as elementary teachers rather than as middle school teachers should make it possible for many more teachers statewide to be considered “highly qualified”. Here is the primary example:

  • A special education teacher who holds a New Mexico special education license and has passed a teacher proficiency or elementary content area licensure test to obtain his license who teaches the core subjects in a self-contained classroom in a middle school will be “highly qualified”. Note that in special education sometimes the students are not assigned to take all four core subjects of language arts, social studies, math, and science. This flexibility will still apply as long as one teacher teaches whichever core subjects the student takes in a self contained classroom setting.   

 

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