2018 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel Act
Section 22-10A-23 - Reemployment; acceptance; rejection; binding contract.
A. Each certified school instructor shall deliver to the local school board of the school district or to the governing authority of the state agency in which the person is employed a written acceptance or rejection of reemployment for the ensuing school year within fifteen days from the following:
(1) the date written notice of reemployment is served upon the person; or
(2) the last day of the school year when no written notice of reemployment or termination is served upon the person on or before the last day of the school year.
B. Delivery of the written acceptance of reemployment by a certified school instructor creates a binding employment contract between the certified school instructor and the local school board or the governing authority of the state agency until the parties enter into a formal written employment contract. Written employment contracts between local school boards or governing authorities of state agencies and certified school instructors shall be executed by the parties not later than ten days before the first day of a school year.
History: 1953 Comp., § 77-8-10, enacted by Laws 1967, ch. 16, § 115; 1975, ch. 306, § 9; 1986, ch. 33, § 21; 1978 Comp., § 22-10-13, recompiled as § 22-10A-23 by Laws 2003, ch. 153, § 72.
Recompilations. — Laws 2003, ch. 153, § 72 recompiled former 22-10-13 NMSA 1978, as 22-10A-23 NMSA 1978, effective April 4, 2003.
Failure to serve required notice upon nontenured teacher. — A regulation of the state board of education requiring that notice of reemployment or termination be served no later than 14 days before the end of the school year did not give a nontenured teacher an enforceable right to notice before the end of the school year, and therefore the board's notice of intent not to employ, timely served in accordance with Section 22-10-12 NMSA 1978 (now Section 22-10A-22 NMSA 1978) , complied with the law. Giangreco v. Murlless, 1997-NMCA-061, 123 N.M. 498, 943 P.2d 532.
Necessity for acceptance. — Where teacher did not deliver an acceptance to school board within statutory period, there was no binding contract of employment. This is the case even if the teacher did not receive notice of termination of employment. Hyde v. Taos Mun. Sch., 1972-NMSC-061, 84 N.M. 206, 501 P.2d 194.
Time requirement for acceptance. — This section does not authorize written acceptance within 15 days of the end of school, but from the end of school; moreover, the entirety of the section indicates that acceptance is contemplated only after school has ended without the teacher having received any notice. Provoda v. Maxwell, 1991-NMSC-022, 111 N.M. 578, 808 P.2d 28.
