reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-12 - Interim local school board; special election.

A. The interim local school board of a newly created or consolidated school district has all the powers and duties of a local school board. The interim local school board shall hold office only until the local school board is elected and qualified.
B. For the purpose of electing five members to the local school board of a newly created or consolidated school district, the interim local school board shall call a special school district election to be held not less than forty-five days nor more than ninety days from the date of the issuance of the order of the state board [department] appointing members to the interim local school board. If the date for a regular school district election occurs during this period, the interim local school board shall give notice of the regular school district election for the purpose of electing five members to the local school board of the newly created or consolidated school district instead of calling a special school district election.
C. The interim local school board shall appoint a superintendent of schools to perform the administrative and supervisory functions of the interim local school board and to also conduct the school district election. The term of office of the superintendent of schools appointed by the interim local school board shall coincide with the term of office of the interim local school board.
History:
1953 Comp., § 77-3-10, enacted by Laws 1967, ch. 16, § 23.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-13 - Special school district election; term of office.

The term of office of members of a local school board elected at a special school district election for a newly created or consolidated school district shall be as follows:
A. three members shall be elected for terms expiring at the next regular school district election; and
B. two members shall be elected for terms expiring two years after the next regular school district election.
History:
1953 Comp., § 77-3-11, enacted by Laws 1967, ch. 16, § 24; 1985, ch. 142, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board, 105 A.L.R. Fed. 254.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-14 - Regular school district election; term of office.

If the interim local school board calls for the election of members to the local school board of a newly created or consolidated school district at a regular school district election, the terms of office of the members elected shall be as follows:
A. three members shall be elected for terms of two years; and
B. two members shall be elected for terms of four years.
History:
1953 Comp., § 77-3-12, enacted by Laws 1967, ch. 16, § 25; 1985, ch. 142, § 2.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-15 - Consolidated school districts; outstanding contracts; indebtedness.

A. All contracts entered into by a local school board of a school district prior to consolidation shall be honored by the consolidated school district. The acquiring of tenure rights and tenure rights that have been obtained shall not be affected by consolidation.
B. Any outstanding school district bonds or other indebtedness of a school district shall not be affected by consolidation. Whenever a school district included within a consolidation has outstanding school district bonds or certificates of indebtedness, the school district shall retain its identity for the purpose of paying any debt service until the bonds or certificates are paid in full. No school district included within a consolidation shall become responsible for the debt service of any other school district included within the consolidation.
History:
1953 Comp., § 77-3-13, enacted by Laws 1967, ch. 16, § 26.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-16 - [Existing school districts validated.]

That the organization, existence or consolidation of all school districts heretofore ordered by the state board [department] of education of the state of New Mexico are hereby validated and their existence as ordered by the state board of education is hereby validated and confirmed, provided that the passage of this act [22-4-16 NMSA 1978] shall not affect any consolidations upon which an action is pending contesting such consolidation at the time this act becomes effective.
History:
1953 Comp., § 73-15-9, enacted by Laws 1955, ch. 76, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-17 - Annexation of area for school district purposes; resolutions; approval; filing.

A. Whenever it becomes economically feasible for students residing in one school district to attend school in another school district, whether or not that school district is within the same county as the school district of residence, the local school boards of the school districts may provide for annexation of the appropriate area by resolution of each of the local school boards concerned. The resolutions shall be submitted to the state board [department] of education for its approval.
B. Prior to adopting such resolution, the local school board proposing to annex the area within another school district shall furnish an accurate legal description of the area to be annexed and the net taxable value of the property within the area to the chief, public school finance division [secretary of public education]. The chief [secretary] shall furnish to each local school board concerned a statement of the financial implication of the annexation.
C. After resolutions are adopted by each of the local school boards concerned and approved by the state board [department] of education, copies of the resolutions shall be filed with:
(1) the county commission of the county where the principal office of each local school board is located and the county commissions of those other counties in which area is affected;
(2) the county assessor of the county where the principal office of each local school board is located and the county assessors of those other counties in which area is affected;
(3) state board of education; and
(4) department of finance and administration.
History:
1953 Comp., § 77-3-2.1, enacted by Laws 1977, ch. 213, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— The public school finance division of the department of finance and administration was abolished by Laws 1977, ch. 246, § 69. Laws 1977, ch. 246, § 3, established the public school finance division of the educational finance and cultural affairs department. Laws 1977, ch. 246, § 63, compiled as 22-8-3 NMSA 1978, designated the administrative and executive head of the public school finance division of the educational finance and cultural affairs department as the director of public school finance.
See
the Public Education Department Act, 9-24-1 NMSA 1978 and N.M. Const. art. XII, § 6 for current law governing the former powers of the chief of the public school finance division.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4 - Creation, Consolidation and Annexation › Section 22-4-18 - Validation of previous annexation.

Every member of a local school board of a local school district which has been a party to an annexation similar to that authorized in Section 1 [22-4-17 NMSA 1978] of this act but occurring prior to the effective date of this act is determined to have been a legally authorized governing authority and such annexation is validated as of the date of the resolution adopting such action.
History:
1953 Comp., § 77-3-2.2, enacted by Laws 1977, ch. 213, § 2.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4A - Advisory Referenda (Repealed.) › Section 22-4A-1 - Repealed.

History:
Laws 1987, ch. 191, § 1; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 22-4A-1 NMSA 1978, as enacted by Laws 1987, ch. 191, § 1, relating to short title, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4A - Advisory Referenda (Repealed.) › Section 22-4A-2 - Repealed.

History:
Laws 1987, ch. 191, § 2; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 22-4A-2 NMSA 1978, as enacted by Laws 1987, ch. 191, § 2, relating to purpose, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 4A - Advisory Referenda (Repealed.) › Section 22-4A-3 - Repealed.

History:
Laws 1987, ch. 191, § 3; ; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 22-4A-3 NMSA 1978, as enacted by Laws 1987, ch. 191, § 3, relating to advisory referendum authorized, effect of referendum, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-1 - Local school boards; members.

A local school board shall be composed of five qualified electors of the state residing within the school district.
History:
1953 Comp., § 77-4-1, enacted by Laws 1967, ch. 16, § 27.
ANNOTATIONS
Cross references.
— For recall of local school board members,
see
22-7-1 NMSA 1978 et seq.
For constitutional provision as to residence of public officers,
see
N.M. Const., art. V, § 13.
For school district elections,
see
1-22-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-1.1 - Local school board members; elected from districts.

Members of local school boards in districts having a population in excess of sixteen thousand shall reside in and be elected from single-member districts. Once, following every federal decennial census, the local school board shall divide the school district into a number of election districts equal in number to the number of members on the school board. Such election districts shall be contiguous and compact and as equal in population as is practicable; provided that the local school board of any district having a population of sixteen thousand or less may provide for single-member districts as provided in this section.
History:
1978 Comp., § 22-5-1.1, enacted by Laws 1985, ch. 202, § 1; 1993, ch. 226, § 10.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, deleted "Notwithstanding any other provision of the Public School Code" at the beginning of the first sentence.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 226, § 54 repealed 22-5-2 NMSA 1978, as enacted by Laws 1969, ch. 103, § 1, containing the purpose of the act, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-3.1 - Local school boards; reversion to five members.

A. Any seven-member local school board of a school district in the state may by resolution provide for the local school board of that school district to be composed of five qualified electors of the state who reside within the school district.
B. If the resolution specified in Subsection A of this section is adopted, the existing local school board at the first election at which the terms of three members expire shall by lot:
(1) eliminate two positions if the next succeeding election is one at which the terms of two members expire;
(2) eliminate two positions if the next succeeding election is one at which the term of one member expires, and at the next election at which the terms of three members expire designate one position for a two-year term; provided that thereafter all terms shall be four-year terms; or
(3) eliminate two positions if the next succeeding election is one at which the terms of three members expire, and at the succeeding election designate one position for a two-year term; provided that thereafter all terms shall be four-year terms.
C. Any resolution adopted pursuant to the provisions of this section shall be effective thirty days after its adoption unless a petition signed by the qualified electors of the school district in a number equal to at least twenty percent of all voters in the school district voting at the last regular school board election is presented to the local school board on or before the thirtieth day asking that an election be held on the question of decreasing the membership of the local school board to five members.
D. Upon receipt and verification of the petition, the local school board shall within thirty days call a special election to vote upon the question of decreasing the membership of the local school board in that school district to five members.
E. If the voters of the school district approve the decrease in the local school board's membership to five members, the resolution shall be in effect, and the elimination of two members at subsequent elections as provided in Subsection B of this section shall be valid.
History:
1978 Comp., § 22-5-3.1, enacted by Laws 1981, ch. 302, § 1; 2015, ch. 145, § 96.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended terms for certain school board positions; in Subsection A, after "local", added "school", after "board of that", added "school", and after "reside within the", added "school"; in Paragraph (2) of Subsection B, after "all terms shall be", deleted "six-year" and added "four-year"; in Paragraph (3) of Subsection B, after "all terms shall be", deleted "six-year" and added "four-year"; in Subsection C, after "all voters in the", added "school", and after "membership in the local", added "school"; and in Subsection D, after "call a special", deleted "school", and after "school board in that", added "school".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 226, § 54 repealed 22-5-4.1 NMSA 1978, as enacted by Laws 1981, ch. 296, § 1, allowing local school boards to authorize a period of silence at the beginning of the school day, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.2 - Child abuse; report coordination; confirmation.

A. A local school board shall adopt policies providing for the coordination and internal tracking of reports made pursuant to Section 32A-4-3 NMSA 1978. Such policies, however, shall not require any notification to school district personnel before the report is made to the offices listed in Subsection A of Section 32A-4-3 NMSA 1978. Such policies shall include measures to protect the identity of any alleged victims. No policy shall purport to relieve any person having a duty to report under Section 32A-4-3 NMSA 1978 from that duty.
B. After a report is made pursuant to Section 32A-4-3 NMSA 1978, the office receiving the notification shall notify the person making the report within five days after the report was made that the office is investigating the matter. Mailing a notice within five days shall constitute compliance with this subsection.
History:
Laws 1985, ch. 94, § 1; 2021, ch. 94, § 3.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed discretionary language, and added mandatory language, related to a local school board adopting policies providing for the coordination and internal tracking of reports of child abuse or child neglect, added a confidentiality provision for alleged victims, and required the office receiving the report of child abuse or child neglect to notify the person making the report that the office is investigating the matter; in Subsection A, after "local school board", changed "may" to "shall", after "tracking of reports made", deleted "by school district personnel", after the first occurrence of "Section", changed "32-1-15" to "32A-4-3", after the second occurrence of "Section", added "32A-4-3 NMSA 1978. Such policies shall include measures to protect the identity of any alleged victims", after the third occurrence of "Section", added "32A-4-3 NMSA 1978"; and in Subsection B, after "report is made", deleted "to a county social services office of the human services department", after "Section", deleted "32-1-15" and added "32A-4-3", after "NMSA 1978", deleted "by any school district personnel that the", and after "office", added "receiving the notification".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.4 - School employees; reporting drug and alcohol use; release from liability.

A. A school employee who knows or in good faith suspects any student of using or abusing alcohol or drugs shall report such use or abuse pursuant to procedures established by the local school board.
B. No school employee who in good faith reports any known or suspected instances of alcohol or drug use or abuse shall be held liable for any civil damages as a result of such report or his efforts to enforce any school policies or regulations regarding drug or alcohol use or abuse.
History:
1978 Comp., § 22-1-5, enacted by Laws 1985, ch. 180, § 1; recompiled as § 22-5-4.4 by Laws 1986, ch. 33, § 10.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.5 - Pledge of allegiance.

Local school boards shall provide that the pledge of allegiance shall be recited daily in each public school in the school district according to regulations adopted by the state board [department].
History:
1978 Comp., § 22-5-4.5, enacted by Laws 1986, ch. 33, § 11.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.6 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 26 recompiled and amended former 22-5-4.6 NMSA 1978, relating to collaborative school improvement programs, as 22-5-15 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.7 - Additional student discipline policies; weapon-free schools.

A. In addition to other student discipline policies, each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. The local school board or the superintendent of the school district may modify the expulsion requirement on a case-by-case basis.
B. Student discipline policies shall also provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student requests a due process hearing, then the student shall remain in the alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise.
C. For the purposes of this section, "weapon" means:
(1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and
(2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellent charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter-ounce, mine or similar device.
History:
1978 Comp., § 22-5-4.7, enacted by Laws 1995, ch. 47, § 1.
ANNOTATIONS
Cross references.
— For unlawful carrying of deadly weapon on school premises,
see
30-7-2.1 NMSA 1978.
Suspension constitutional.
— A school's decision to suspend a student who "should have known" he was bringing a weapon onto school property does not violate the student's substantive due process right to a public education, if any such right exists.
Butler v. Rio Rancho Pub. Sch. Bd. of Educ.
, 341 F.3d 1197 (10th Cir. 2003).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.8 - Area vocational high schools.

A. A local school board, alone or in cooperation with other local school boards, may develop a plan for the establishment of an area vocational high school. The plan shall be submitted to the department for its approval.
B. The department may approve a plan for an area vocational high school if the plan adequately provides for:
(1) sufficient financing for the operation of the school, which may include an election for a special levy not to exceed one dollar ($1.00) for each one thousand dollars ($1,000) of net taxable value, and that may be in addition to levies authorized by the College District Tax Act;
(2) a broad vocational and technical education program serving a sufficient number of students to achieve economic viability; and
(3) compliance with the state plan for vocational education.
History:
Laws 1999, ch. 219, § 19; 2019, ch. 59, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, removed a provision requiring area vocational high schools be located on the campus of a post-secondary educational institution, and required school boards to submit plans to develop vocational high schools to the public education department for approval; in Subsection A, deleted "on the campus of a post-secondary educational institution to facilitate sharing of facilities", and deleted "state board of education and the commission on higher education for their" and added "department for its"; and in Subsection B, deleted "state board of education and the commission on higher education" and added "department".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.9 - High school diplomas; World War II veterans.

A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a World War II veteran who:
(1) is an honorably discharged member of the armed forces of the United States;
(2) was scheduled to graduate from high school after 1940 and before 1951;
(3) was a resident of New Mexico and attended a high school in the locality of the current school district; and
(4) left high school before graduation to serve in World War II.
B. A local school board may issue a high school diploma to a qualifying World War II veteran regardless of whether the veteran holds a high school equivalency credential or is deceased.
C. The department shall adopt and promulgate rules to carry out the provisions of this section, including:
(1) an application form to be submitted by the World War II veteran or a person acting on behalf of the veteran if the veteran is incapacitated or deceased; and
(2) what constitutes acceptable evidence of eligibility for a diploma.
History:
Laws 2003, ch. 113, § 1; 2015, ch. 122, § 11.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, replaced the term "state board" with the public education department" and "high school equivalency diploma" with "high school equivalency credential" in the provision relating to providing high school diplomas to World War II veterans; in Subsection B, after "equivalency", deleted "diploma" and added "credential"; and in Subsection C, after "The", deleted "state board" and added "department".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.10 - High school diplomas; Korean conflict veterans.

A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a Korean conflict veteran who:
(1) is an honorably discharged member of the armed forces of the United States;
(2) was scheduled to graduate from high school after June 27, 1950 and before January 31, 1955;
(3) was a resident of New Mexico and attended a high school in the locality of the current school district; and
(4) left high school before graduation to serve in the Korean conflict.
B. A local school board may issue a high school diploma to a qualifying Korean conflict veteran regardless of whether the veteran holds a high school equivalency credential or is deceased.
C. The department shall adopt and promulgate rules to carry out the provisions of this section, including:
(1) an application form to be submitted to the local school board by the Korean conflict veteran or a person acting on behalf of the veteran if the veteran is incapacitated or deceased; and
(2) what constitutes acceptable evidence of eligibility for a diploma.
History:
Laws 2005, ch. 11, § 1; 2015, ch. 122, § 12.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, replaced the term "high school equivalency diploma" with "high school equivalency credential" in the provision relating to providing high school diplomas to veterans of the Korean conflict; and in Subsection B, after "equivalency", deleted "diploma" and added "credential".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.11 - Psychotropic medication; prohibition on compulsion.

A. Each local school board or governing body shall develop and promulgate policies that prohibit school personnel from denying any student access to programs or services because the parent or guardian of the student has refused to place the student on psychotropic medication.
B. School personnel may share school-based observations of a student's academic, functional and behavioral performance with the student's parent or guardian and offer program options and other forms of assistance that are available to the parent or guardian and the student based on those observations. However, an employee or agent of a school district or governing body shall not compel or attempt to compel any specific actions by the parent or guardian or require that a student take a psychotropic medication.
C. School personnel shall not require a student to undergo psychological screening unless the parent or guardian of that student gives prior written consent before each instance of psychological screening.
D. Nothing in this act shall be construed to create a prohibition against a teacher or other school personnel from consulting or sharing a classroom-based observation with a parent or guardian regarding:
(1) a student's academic and functional performance;
(2) a student's behavior in the classroom or school; or
(3) the need for evaluation for special education or related services.
E. As used in this section:
(1) "psychotropic medication" means a drug that shall not be dispensed or administered without a prescription, whose primary indication for use has been approved by the federal food and drug administration for the treatment of mental disorders and that is listed as a psychotherapeutic agent in drug facts and comparisons or in the American hospital formulary service; and
(2) "school personnel" means school personnel that the department has licensed.
History:
Laws 2015, ch. 51, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-4.14 - High school diplomas; Vietnam conflict veterans.

A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a Vietnam conflict veteran who:
(1) is an honorably discharged member of the armed forces of the United States;
(2) was scheduled to graduate from high school after February 28, 1961 and before May 7, 1975;
(3) was a resident of New Mexico and attended a high school in the locality of the current school district; and
(4) left high school before graduation to serve in the Vietnam conflict.
B. A local school board may issue a high school diploma to a qualifying Vietnam conflict veteran regardless of whether the veteran holds a high school equivalency credential or is deceased.
C. The department shall adopt and promulgate rules to carry out the provisions of this section, including:
(1) an application form to be submitted to the local school board by the Vietnam conflict veteran or a person acting on behalf of the veteran if the veteran is incapacitated or deceased; and
(2) what constitutes acceptable evidence of eligibility for a diploma.
History:
Laws 2020, ch. 72, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 72, § 2 made Laws 2020, ch. 72, § 1 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-5 - Compensation; prohibited employment.

A. The members of a local school board shall serve without compensation.
B. No member of a local school board shall be employed in any capacity by a school district governed by that local school board during the term of office for which the member was elected or appointed.
History:
1953 Comp., § 77-4-3, enacted by Laws 1967, ch. 16, § 29.
ANNOTATIONS
Member of local school board cannot resign from such office and thereafter be appointed superintendent
of schools or be otherwise employed by that school district during the term for which he or she was elected or appointed. 1974 Op. Att'y Gen. No. 74-17.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-6 - Nepotism prohibited.

A. A local superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the local school board or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent.
B. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008.
History:
1953 Comp., § 77-4-3.1, enacted by Laws 1971, ch. 199, § 1; 1981, ch. 86, § 1; 2003, ch. 153, § 22; 2009, ch. 195, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "daughter-in-law", added "brother, brother-in-law, sister or sister-in-law" and in Subsection B, changed March 1, 2003 to July 1, 2008.
The 2003 amendment,
effective April 4, 2003, in Subsection A substituted "superintendent" for "school board" following "local" near the beginning and inserted "or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent." at the end; and substituted "2003" for "1981" at the end of Subsection B.
Object of section is to prevent nepotism in initial hiring
of school employees. The hiring of a teacher closely related to a member of the school board justifiably arouses public suspicion that the teacher was hired on the basis of relationship rather than merit. Such suspicions, however, relate only to the initial hiring of the teacher. There is no reason to suspect nepotism in the continued employment of a tenured teacher whose competency has been established by years of service, merely because a family member is elected to the school board at some time during the teacher's career.
N.M. State Bd. of Educ. v. Board of Educ.
, 1981-NMSC-031, 95 N.M. 588, 624 P.2d 530 (decided prior to 1981 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and effect of state constitutional or statutory provision regarding nepotism in the public service, 11 A.L.R.4th 826.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-7 - Officers; surety bonds.

A. From among its members, a local school board shall elect a president, a vice-president and a secretary.
B. Before assuming the duties of office, the president and secretary of a local school board and the superintendent of schools of a school district shall each obtain an official bond payable to the school district and conditioned upon the faithful performance of their duties during their terms of office. The bonds shall be executed by a corporate surety company authorized to do business in this state. The amount of each bond required shall be fixed by the local school board but shall not be less than five thousand dollars ($5,000).
C. A local school board may elect to obtain a schedule or blanket corporate surety bond covering all local school board members and school district administrators and employees for any period not exceeding four years.
D. The cost of bonds obtained pursuant to this section shall be paid from the operational fund of the school district. The bonds shall be approved by the director of the public school finance division [secretary] and filed with the secretary of finance and administration.
History:
1953 Comp., § 77-4-4, enacted by Laws 1967, ch. 16, § 30; 1977, ch. 247, § 202; 1980, ch. 151, § 45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the Surety Board Act,
see
10-2-13 NMSA 1978.
For references to the former state board,
see
9-24-15 NMSA 1978.
For references to the former public school finance division,
see
9-6-3.1 NMSA.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-8 - Term of office.

A. The full term of office of a member of a local school board shall be four years succeeding the member's election to office at a regular local election held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
B. Any member of a local school board whose term of office has expired shall continue in that office until a successor is elected and qualified.
History:
1953 Comp., § 77-4-5, enacted by Laws 1967, ch. 16, § 31; 1985, ch. 142, § 3; 1993, ch. 226, § 15; 2018, ch. 79, § 88.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, required local school board elections to be held pursuant to the Local Election Act, and made technical and conforming changes; and in Subsection A, after "four years", deleted "from March 1", after "regular", deleted "school district' and added "local", and after "election", added "held pursuant to the Local Election Act".
The 1993 amendment,
effective July 1, 1993, deleted former Subsections B to D, pertaining to the term of office for a member elected prior to March 1, 1985 and the procedure for avoiding coinciding terms for members, and redesignated former Subsection E as Subsection B.
Defeated incumbent who is still a member of an existing five-man board may vote
on the resolution to increase the board membership to seven. While he is what is commonly referred to as a lame duck, he still exercises the full powers of his office for his term of office. 1971 Op. Att'y Gen. No. 71-17.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-8.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 226, § 54 repealed 22-5-8.1 NMSA 1978, as enacted by Laws 1983, ch. 237, § 1, concerning the term of office for board members of certain districts, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-9 - Local school board vacancies.

A. A vacancy occurring in the membership of a local school board shall be filled at an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified elector to fill the vacancy.
B. A qualified elector appointed to fill a vacancy occurring in the membership of a local school board shall hold that office until the next regular school district election when an election shall be held to fill the vacancy for the unexpired term.
C. If a qualified elector is not appointed to fill the vacancy within forty-five days from the date the vacancy occurred, the department shall appoint a qualified elector to fill the vacancy until the next regular school district election.
D. In the event vacancies occur in a majority of the full membership of a local school board, the department shall appoint qualified electors to fill the vacancies. Those persons appointed shall hold office until the next regular school district election when an election shall be held to fill the vacancies for the unexpired terms.
History:
1953 Comp., § 77-4-6, enacted by Laws 1967, ch. 16, § 32; 1979, ch. 335, § 4; 2015, ch. 145, § 97.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, substituted "qualified elector" for each reference to "qualified person" and substituted the "public education department" for each reference to the "state board"; in Subsections A and B, after "qualified", deleted "person" and added "elector"; in Subsection C, after "qualified", deleted "person" and added "elector" in two places, and after "occurred, the", deleted "state board" and added "department"; and in Subsection D, after "board, the", deleted "state board" and added "department", after "qualified", deleted "persons" and added "electors", and after "next regular", deleted "or special".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-10 - Publications; advertisements.

Except where otherwise specifically provided, whenever a local school board is required by law to make a publication or advertisement, the publication or advertisement shall be published in English in any newspaper published in the school district having general circulation within the school district. If there is no such newspaper, any newspaper published in the state having general circulation in the school district.
History:
1953 Comp., § 77-4-7, enacted by Laws 1967, ch. 16, § 33.
ANNOTATIONS
Cross references.
— For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-11 - School district salary system.

A. Prior to the beginning of each school year, each local superintendent shall file with the department the school district salary system, which salary system shall incorporate any salary increases or compensation measures specifically mandated by the legislature. Salaries for teachers and school administrators shall be aligned with the licensure framework provided for in the School Personnel Act [Chapter 22, Article 10A NMSA 1978].
B. A local superintendent shall not reduce the school district salary system established pursuant to Subsection A of this section without the prior written approval of the state superintendent [secretary]. The state superintendent shall give written notice to the legislative finance committee, the legislative education study committee and the department of finance and administration of approved reduction of any school district's salary system, including the reasons for the request for reduction and the grounds for approval.
History:
1978 Comp., § 22-5-11, enacted by Laws 1986, ch. 33, § 12; 1993, ch. 226, § 16; 2003, ch. 153, § 23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
The 2003 amendment,
effective April 4, 2003, substituted "School district salary system" for "Local school boards salary schedule" in the section heading; substituted "superintendent" for "school board" throughout the section; in Subsection A substituted "the school" for "of education a" following "the department" near the middle, substituted "system" for "schedule" following "salary" twice near the middle and inserted "Salaries for teachers and school administrators shall be aligned with the licensure framework provided for in the School Personnel Act." at the end; in Subsection B substituted "system" for "schedule" following "salary" once near the beginning and once near the end and inserted "the legislative education study committee" following "legislative finance committee" near the middle.
The 1993 amendment,
effective July 1, 1993, deleted the former first sentence, pertaining to filing 1985-86 and 1986-87 salary schedules; deleted "subsequent" preceding "school year" and substituted "department" for "office" in Subsection A; and substituted "state superintendent" for "director of the office of education" in two places in Subsection B.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-12 - Local school boards; vacant or vacated offices.

A. A local school board shall hold at least one regular meeting each month of the calendar year.
B. The office of any member of a local school board, if the member misses four consecutive regular meetings, may be declared vacant by a majority vote of the remaining members of the local school board.
C. The office of any member of a local school board, if the member misses six consecutive regular meetings, shall be vacant.
D. Any vacancy of an office on a local school board created pursuant to this section shall be filled in the same manner as other vacancies on a local school board are filled. Any member of a local school board who has his office declared vacant or vacated pursuant to this section shall not be eligible for appointment to the local school board until the term for which he was originally elected or appointed has expired.
E. As used in this section "regular meeting" means a meeting of the members of a local school board at which at least a quorum is present, about which notice has been published and at which normal school district business is transacted.
History:
1953 Comp., § 5-3-1.1, enacted by Laws 1967, ch. 131, § 1; 1979, ch. 335, § 2; 1978 Comp., § 10-3-2, recompiled as § 22-5-12 by Laws 1993, ch. 226, § 53.
ANNOTATIONS
Denial to citizen of right to address board.
— A local school board president has authority to deny citizens the right to address the local school board during a meeting of the board, if he is authorized to do so by rules promulgated by the board and he does not exercise that authority arbitrarily or capriciously. 1990 Op. Att'y Gen. No. 90-26.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 74 to 76.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-13 - Local school board training.

The department shall develop a mandatory training course for local school board members that explains state board [department] rules, department policies and procedures, statutory powers and duties of local school boards, legal concepts pertaining to public schools, finance and budget and other matters deemed relevant by the department. The department shall notify local school board members of the dates of the training course, the last of which shall not be later than three months after a local school board election.
History:
1978 Comp., § 22-5-13, enacted by Laws 2003, ch. 153, § 24.
ANNOTATIONS
Cross references.
— For references to the former state board,
see
9-24-15 NMSA 1978.
Emergency clauses.
— Laws 2003, ch. 153, § 74 contained an emergency clause and was approved April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-14 - Local superintendent; powers and duties.

A. The local superintendent is the chief executive officer of the school district.
B. The local superintendent shall:
(1) carry out the educational policies and rules of the state board [department] and local school board;
(2) administer and supervise the school district;
(3) employ, fix the salaries of, assign, terminate or discharge all employees of the school district;
(4) prepare the school district budget based on public schools' recommendations for review and approval by the local school board and the department. The local superintendent shall tell each school principal the approximate amount of money that may be available for his school and provide a school budget template to use in making school budget recommendations; and
(5) perform other duties as required by law, the department or the local school board.
C. The local superintendent may apply to the state board [department] for a waiver of certain provisions of the Public School Code [Chapter 22 [except Article 5A] NMSA 1978] relating to length of school day, staffing patterns, subject area or the purchase of instructional materials for the purpose of implementing a collaborative school improvement program for an individual public school.
History:
1978 Comp., § 22-5-14, enacted by Laws 2003, ch. 153, § 25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.