Common use of Conditions of Professional Service Clause in Contracts

Conditions of Professional Service. A. Employment‌ 1. The District is an equal opportunity employer. 2. In order to qualify and be employed in a teaching position in the District, an applicant must have at least a bachelor's degree and must have a valid teaching license, an occupational license, or be enrolled in an approved alternative licensure program from the State of New Mexico. Qualifications of the individual are the guiding criteria in employment. The District shall notify the Federation when a teacher is to be hired who does not possess at least a bachelor's degree. a. All existing and newly hired “I” licensed special education teachers will be obligated to participate in 12 hours of APS provided professional development. b. Twelve (12) hours of professional development, provided outside of the regular duty day, is a condition of employment during both the first and second years for all “I” licensed special education teachers in APS. 3. All teachers employed by the District shall be employed for the primary purpose of instructing children and/or rendering professional services for which they are licensed. 4. Teachers will be employed under contract for less than a full school year when a teaching vacancy will exceed sixty (60) duty days. This provision may be waived upon approval by the Public Education Department. 5. There shall be three (3) categories of employment: a. full-time teachers; b. part-time teachers; c. short-term teachers; 6. A full-time teacher shall be a teacher employed to teach a full teaching day for an entire school year. 7. A part-time teacher shall be a teacher employed to teach less than a full teaching day or a full teaching week for an entire school year. 8. A short-term teacher shall be defined as a teacher who accepts employment after 9:00 am on the reporting day for students, a teacher replacing another teacher in their first year of leave, a teacher hired for a position which has a time limitation of one year because of a source of funding other than the APS operational budget, a change in District, state or federal curriculum/program requirements which necessitate a one year teaching position, and a teacher who does not hold a valid New Mexico teacher's license at the time of employment. a. For the purpose of this provision, "accept" shall mean the date and time the teacher was offered and accepted either verbally or electronically, a District teaching position by an authorized Department of Human Resources representative. b. A teacher who is short-term due to not holding a valid New Mexico teacher's license at the time of employment shall be reemployed by the District if he or she performs satisfactorily and presents a valid New Mexico teaching license or approved plan for completion of licensure requirements to the Department of Human Resources by May 1. If the requirements are not met by August 1, the teacher shall not be considered for reemployment. c. A teacher who is short-term due to being in a position funded by a source other than the APS operational budget shall be reemployed by the District (with satisfactory performance) provided the funding is continued. d. Upon the successful completion of their first short-term contract (of at least 570 hours), fully licensed employees for the position will be offered a regular contract for the following year if the position they hold is available, the employee applies and the principal agrees to rehire the employee. e. Upon the successful completion of their third consecutive short-term contract (of at least 570 hours each), employees will be offered a regular contract for the following year. 9. Birth certificates or other suitable proof of date of birth, New Mexico teaching licenses and college or university transcripts must be filed in the Department of Human Resources as soon as possible after employment is accepted. In the case of teachers who are not new to the system, valid teaching licenses must be on file. The November paychecks and subsequent checks will not be issued to a teacher until such time as the required data is filed in the Department of Human Resources or evidence is given that the teacher is making a bona fide effort to secure the information. 10. All teachers are reemployed for the next school year unless notified at least ten (10) workdays prior to the last day of the school year. 11. In order to qualify and be employed in an educational diagnostician position or school psychologist position in the District, an applicant must have at least a graduate degree in Special Education or related field from an accredited university or college and be licensed by the State of New Mexico as an educational diagnostician or school psychologist. 12. All educational diagnosticians employed by the Board shall be employed for the primary purpose of evaluating and placing children in District programs and/or rendering professional services for which they are licensed. B. School Year‌ 1. For employees on the AT-1, AT-2 and AT-3 salary matrices, the work year shall consist of one hundred eighty-four (184) workdays. For employees on the A-2 salary matrix, the work year shall consist of one hundred eighty four (184) workdays. For employees on the A-3 and A-4 salary matrices, the work year shall consist of one hundred and ninety four (194) workdays. Divergence from the District work calendar is permitted if mutually agreed upon by the educational diagnostician and the educational diagnostician’s immediate supervisor or if mutually agreed upon by the school psychologist and the school psychologist's immediate supervisor. The school year is based upon the calendar with the understanding that the calendar is subject to emergency changes, but such changes made by the District shall not affect the total number of workdays required. 2. Any deviation from the approved master calendar shall be agreed upon by both parties.‌

Conditions of Professional Service. ‌‌‌ A. Employment‌Employment 1. The District is an equal opportunity employer. 2. In order to qualify and be employed in a teaching position in the District, an applicant must have at least a bachelor's degree and must have a valid teaching license, an occupational license, or be enrolled in an approved alternative licensure program from the State of New Mexico. Qualifications of the individual are the guiding criteria in employment. The District shall notify the Federation when a teacher is to be hired who does not possess at least a bachelor's degree. a. All existing degree and newly hired “I” licensed special education teachers will be obligated to participate in 12 hours also the rate of APS provided professional development. b. Twelve (12) hours of professional development, provided outside of the regular duty day, is a condition of employment during both the first and second years pay for all “I” licensed special education teachers in APSsaid teacher. 3. All teachers employed by the District shall be employed for the primary purpose of instructing children and/or rendering professional services for which they are licensed. 4. Teachers will be employed under contract for less than a full school year when a teaching vacancy will exceed sixty (60) duty days. This provision may be waived upon approval by the Public Education Department. 5. There shall be three (3) categories of employment: a. full-time teachers; b. part-time teachers; c. short-term teachers; 6. A full-time teacher shall be a teacher employed to teach a full teaching day for an entire school year. 7. A part-time teacher shall be a teacher employed to teach less than a full teaching day or a full teaching week for an entire school year. 8. A short-term teacher shall be defined as a teacher who accepts employment after 9:00 am a.m. on the reporting day date for studentsteachers, a teacher replacing another a teacher in their first year of leave, a teacher hired for a position which has a time limitation of one year because of a source of funding other than the APS operational budget, a change in District, state or federal curriculum/program requirements which necessitate a one year teaching position, and a teacher who does not hold a valid New Mexico teacher's license at the time of employment. a. For the purpose of this provision, "accept" shall mean the date and time the teacher was offered and accepted either verbally or electronically, a District teaching position by an authorized Department of Human Resources representative. b. A teacher who is short-term due to not holding a valid New Mexico teacher's license at the time of employment shall be reemployed by the District if he or she performs satisfactorily and presents a valid New Mexico teaching license or approved plan for completion of licensure requirements to the Department of Human Resources by May 1. If the requirements are not met by August 1, the teacher shall not be considered for reemployment. c. A teacher who is short-term due to being in a position funded by a source other than the APS operational budget shall be reemployed by the District (with satisfactory performance) provided the funding is continued. d. Upon the successful completion of their first short-term contract (of at least 570 hours), fully licensed employees for the position will be offered a regular contract for the following year if the position they hold is available, the employee applies and the principal agrees to rehire the employee. e. Upon the successful completion of their third consecutive short-term contract (of at least 570 hours each), employees will be offered a regular contract for the following year. 9. Birth certificates or other suitable proof of date of birth, New Mexico teaching licenses and college or university transcripts must be filed in the Department of Human Resources as soon as possible after employment is accepted. In the case of teachers who are not new to the system, valid teaching licenses must be on file. The November paychecks and subsequent checks will not be issued to a teacher until such time as the required data is filed in the Department of Human Resources or evidence is given that the teacher is making a bona fide effort to secure the information. 10. All teachers are reemployed for the next school year unless notified at least ten (10) 15 workdays prior to the last day of the school year. 11. In order to qualify and be employed in an educational diagnostician position or school psychologist position in the District, an applicant must have at least a graduate degree in Special Education or related field from an accredited university or college and be licensed by the State of New Mexico as an educational diagnostician or school psychologist. 12. All educational diagnosticians employed by the Board shall be employed for the primary purpose of evaluating and placing children in District programs and/or rendering professional services for which they are licensed. B. School Year‌Year‌‌‌ 1. For employees on the AT-1, AT-2 and AT-3 salary matricesschedules, the work year shall consist of one hundred eighty-four (184) workdays. For employees on the A-2 salary matrixschedule, the work year shall consist of one hundred eighty four eighty-three (184183) workdays. For employees on the A-3 and A-4 salary matricesschedules, the work year shall consist of one two hundred and ninety four eight (194208) workdays. Divergence from the District work calendar is permitted if mutually agreed upon by the educational diagnostician and the educational diagnostician’s immediate supervisor or if mutually agreed upon by the school psychologist and the school psychologist's immediate supervisor. 2. The school year is based upon the calendar with the understanding that the calendar is subject to emergency changes, but such changes made by the District shall not affect the total number of workdays required. 23. Any deviation from Teachers who wish to substitute on their non-scheduled workdays shall have the approved master calendar shall be agreed upon option to do so providing they inform Substitute Services by both parties.‌August 1 of each school year of their intent.