TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 69 SCHOOL
PERSONNEL - PERFORMANCE
PART 2 UNSATISFACTORY
WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL
PERSONNEL
6.69.2.1 ISSUING
AGENCY: Public Education Department (PED).
[6.69.2.1 NMAC - Rp, 6.69.2.1 NMAC, 08/15/2017]
6.69.2.2 SCOPE: This regulation applies to local school
boards, governing authorities of state agencies and certified (licensed) school
personnel.
[6.69.2.2 NMAC - Rp, 6.69.2.2 NMAC, 08/15/2017]
6.69.2.3 STATUTORY AUTHORITY: This
regulation is adopted pursuant to Section 22-10A-19, 22-10A-27 NMSA 1978.
[6.69.2.3 NMAC - Rp, 6.69.2.3 NMAC, 08/15/2017]
6.69.2.4 DURATION: Permanent
[6.69.2.4 NMAC - Rp, 6.69.2.4 NMAC, 08/15/2017]
6.69.2.5 EFFECTIVE
DATE: August 15, 2017 unless a later date is cited
at the end of a section.
[6.69.2.5 NMAC - Rp, 6.69.2.5 NMAC, 08/15/2017]
6.69.2.6 OBJECTIVE: This
regulation establishes procedures for supervising and correcting
"unsatisfactory work performance" of licensed school personnel before
notice of intent to discharge or notice of termination is served upon them or
before requesting the secretary to suspend a level three teaching license for
unsatisfactory work performance at level three licensure, and further to distinguish
between the terms "unsatisfactory work performance" and
"insubordination".
[6.69.2.6 NMAC - Rp, 6.69.2.6 NMAC, 08/15/2017]
6.69.2.7 DEFINITIONS:
A. "Administrative
authority" means the superintendent, principal or a person acting
under the authority of such superintendent or principal.
B. "Insubordination"
means actual or implied willful refusal to follow written policies,
regulations, rules, or procedures established by the department, the local
school board, or administrative authorities; or the lawful written or oral
orders, requests, or instructions of administrative authorities.
C. "Secretary" means the
secretary of education department.
D. "Uncorrected
unsatisfactory work performance" means unsatisfactory work performance
which the licensed school personnel has failed to correct pursuant to the
provisions in this regulation; provided, however, that if unsatisfactory work
performance is uncorrectable through the evaluation and supervision process, as
determined by the local school board policy, the provisions in this regulation
shall not apply.
E. "Unsatisfactory
work performance" means the failure by licensed school personnel to
satisfactorily perform those tasks which are evaluated by the employee's
supervisors, pursuant to the school district's approved plans for evaluation
and supervision of its licensed employees.
For the purpose of this regulation unsatisfactory work performance does
not include insubordination or conduct deemed to be outside the normal scope of
duties of licensed school personnel.
[6.69.2.7 NMAC - Rp, 6.69.2.7 NMAC, 08/15/2017]
6.69.2.8 UNCORRECTED
UNSATISFACTORY WORK PERFORMANCE:
A. Uncorrected
unsatisfactory work performance is good cause for discharging or termination of
licensed school personnel or for requesting the secretary to suspend a level
three teaching license as provided in Subsection F of 6.69.4.10 NMAC so long as
procedures established in Subsection B of Section 6.69.2.8 NMAC herein are
followed.
B. The following
procedures shall be followed by local school boards or governing authorities of
state agencies in supervising and correcting unsatisfactory work performance of
licensed school personnel before serving them with notice of intent to
discharge pursuant to Section 22-10A-27 NMSA 1978 or before requesting the
secretary to suspend a level three teaching license under Subsection F of
6.69.4.10 NMAC.
C. Every person who evaluates a
licensed school employee under this rule shall submit an original written
report to the school district superintendent, and an exact copy to the licensed
school employee being evaluated. The
effectiveness evaluation shall not be changed once each component is completed
and delivered to either the school district superintendent or the licensed
school employee being evaluated. In
addition to the requirements in Subsection B of 6.69.2.8 NMAC, before requesting
the secretary to suspend a level three teaching license as provided in
Subsection F of 6.69.4.10 NMAC a local school district or governing authority
of state agencies shall provide the teacher with professional development and
peer intervention, including mentoring, for a period the school principal deems
necessary.
D. A licensed school employee rated
minimally effective or ineffective may provide a written statement in response
to their effectiveness evaluation, and that statement shall become a permanent
attachment to that employee’s evaluation file.
E. Every
person who rates a licensed school employee minimally effective or ineffective
shall describe in detail the minimally effective or ineffective performance
and, in writing, inform the licensee of the following:
(1) the right to a post-evaluation
conference which the evaluator must convene and which shall occur no later than
ten days after the evaluation is completed unless the employee agrees to an
extension;
(2) that during the conference the evaluator
will make recommendations to the employee with respect to specific areas of
unsatisfactory performance and provide feedback that establishes the initial
framework for an individual professional growth plan;
(3) that the evaluator will provide assistance
in helping the employee correct unsatisfactory performance and the district
will extend strategic support aligned to best practices identified by the
department to assist the employee in correction of the unsatisfactory
performance;
(4) that if the employee has an
employment contract, the employee may be placed on a performance growth plan at
the discretion of the evaluator for 90 school days from receipt of the notice
of unsatisfactory work performance, provided that:
(a) the
90 days shall not include weekends, school holidays or school vacation periods,
declared snow days, and approved employee leave days;
(b) during
the 90 days the licensed school employee shall be observed and evaluated more
than four times in writing and shall be informed of the results of those
observations; and
(c) the
evaluator shall maintain documentation of having provided assistance and
notification of in-service training opportunities to help correct the
performance deficiencies noted of the licensed school employee; and
(5) that receipt of the notice may constitute
notice of uncorrected unsatisfactory work performance pursuant to Section
22-10A-3 NMSA 1978 and 6.69.2 NMAC.
F. Within five school days after the
expiration of the 90-day performance growth plan, the evaluator shall determine
whether the performance deficiencies have been corrected and forward a written
recommendation to the school district superintendent.
G. Within 10 school days after receipt
of that written recommendation, the school district superintendent or charter school head administrator shall
provide the licensed school employee who has an employment contract with the
school district written notification expressing whether the performance
deficiencies have been satisfactorily corrected. A copy of the evaluator’s recommendation shall
accompany that notice.
H. If satisfactory progress has not
been made, the local superintendent or charter school head administrator shall determine
whether to discharge or terminate the employee pursuant to Sections 22-10A-27
or 22-10A-24, NMSA 1978.
I. An employee who has been placed on
a 90-day performance growth plan because of unsatisfactory work performance,
and who has not been employed by a school district for three consecutive years
shall have no reasonable expectation of continued employment beyond the end of
the contract year by reason of being on a performance growth plan.
[6.69.2.8 NMAC -
Rp, 6.69.2.8 NMAC, 08/15/2017]
HISTORY OF 6.69.2 NMAC:
PRE‑NMAC HISTORY: The material
in this regulation is derived from that previously filed with the State Records
Center and Archives under:
State Board of
Education Regulation No. 74-6, Regulation Governing Procedures to be Followed
by Local School Boards in Supervising and Correcting Unsatisfactory Work
Performance of Certified School Personnel, filed March 14, 1974;
State Board of
Education Regulation No. 75-8, Regulation Governing Procedures to be Followed
by Local School Boards in Supervising and Correcting Unsatisfactory Work
Performance of Certified School Personnel, filed July 14, 1975;
State Board of
Education Regulation No. 76-24, Insubordination and Unsatisfactory Work
Performance of Certified School Personnel, filed December 16, 1976;
State Board of
Education Regulation No. 77-1, Insubordination and Unsatisfactory Work
Performance of Certified School Personnel, filed February 2, 1977; and
State Board of
Education Regulation No. 89-1, Unsatisfactory Work Performance of (Certified)
Licensed School Personnel, filed February 10, 1989.
HISTORY OF REPEALED MATERIAL:
6.69.2 NMAC, Unsatisfactory Work Performance of Certified (Licensed)
School Personnel, filed 6/1/2001 - Repealed effective 08/15/2017.
OTHER HISTORY: 6.69.2 NMAC, ,
Unsatisfactory Work Performance of Certified (Licensed) School Personnel, filed
6/1/2001 was replaced by 6.69.2 NMAC, Unsatisfactory Work Performance of
Certified (Licensed) School Personnel, effective 8/15/2017.