2006 New Mexico Statutes - Section 22-2-14 — Local school boards; public schools; suspension; procedures.

22-2-14. Local school boards; public schools; suspension; procedures.

A.     Money budgeted by a school district shall be spent first to attain and maintain the requirements for a school district as prescribed by law and by standards and rules as prescribed by the department.  The department shall give written notification to a local school board, local superintendent and school principal, as applicable, of any failure to meet requirements by any part of the school district under the control of the local school board.  The notice shall specify the deficiency.  Instructional units or administrative functions may be disapproved for such deficiencies.  The department shall disapprove instructional units or administrative functions that it determines to be detrimental to the educational process.

B.     Within thirty days after receipt of the notice of failure to meet requirements, the local school board, local superintendent and school principal, as applicable, shall:

(1)     comply with the specific and attendant requirements in order to remove the cause for disapproval; or

(2)     submit plans satisfactory to the department to meet requirements and remove the cause for disapproval.

C.     The secretary, after consultation with the commission, shall suspend from authority and responsibility a local school board, local superintendent or school principal that has had notice of disapproval and fails to comply with procedures of Subsection B of this section.  The department shall act in lieu of the suspended local school board, local superintendent or school principal until the department removes the suspension.

D.     To suspend a local school board, local superintendent or school principal, the secretary shall deliver to the local school board an alternative order of suspension, stating the cause for the suspension and the effective date and time the suspension will begin.  The alternative order shall also contain notice of a time, date and place for a public hearing, prior to the beginning of suspension, to be held by the department, at which the local school board, local superintendent or school principal may appear and show cause why the suspension should not be put into effect.  Within five days after the hearing, the secretary shall make permanent, modify or withdraw the alternative order.

E.     The secretary may suspend a local school board, local superintendent or school principal when the local school board, local superintendent or school principal has been notified of disapproval and when the department has sufficient reason to believe that the educational process in the school district or public school has been severely impaired or halted as a result of deficiencies so severe as to warrant disapproved status before a public hearing can be held.

F.     The department, while acting in lieu of a suspended local school board, local superintendent or school principal, shall execute all the legal authority of the local school board, local superintendent or school principal and assume all the responsibilities of the local school board, local superintendent or school principal.

G.     The provisions of this section shall be invoked at any time the secretary, after consultation with the commission, finds the school district or public school has failed to attain and maintain the requirements of law or department standards and rules.

H.     The commission shall consult with the secretary and may recommend alternative actions for the secretary's consideration.

I.     A local school board, local superintendent or school principal aggrieved by a decision of the secretary may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.