1. 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.
2. 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.
3. 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.
4. 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.

5. 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. (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. (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. (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. (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:

      1. (a) the 90 days shall not include weekends, school holidays or school vacation periods, declared snow days, and approved employee leave days;
      2. (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
      3. (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. (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.
6. 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.
7. 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.
8. 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.

9. 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.

   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.

[6.69.2.8 NMAC - Rp, 6.69.2.8 NMAC, 08/15/2017]