2019 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel Act
Section 22-10A-26 - Excepted from provisions.
Sections 22-10A-22 through 22-10A-25 NMSA 1978 do not apply to the following:
A. a licensed school employee employed to fill the position of a licensed school employee entering military service;
B. a licensed school administrator who is employed as a licensed school administrator;
C. an unlicensed school employee employed to perform primarily district-wide management functions; or
D. a person who does not hold a valid license or has not submitted a complete application for licensure within the first three months from beginning employment duties pursuant to Subsection C of Section 22-10A-3 NMSA 1978.
History: 1953 Comp., § 77-8-13, enacted by Laws 1967, ch. 16, § 118; 1975, ch. 191, § 1; 1983, ch. 103, § 2; 1991, ch. 187, § 6; 1993, ch. 226, § 28; 1994, ch. 110, § 4; 1978 Comp., § 22-10-16, recompiled as § 22-10A-26 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 7.
ANNOTATIONSCross references. — For the Rules of Civil Procedure, see 1-001 NMRA.
For service of subpoenas in the district court, see 1-045 NMRA.
Recompilations. — Laws 2003, ch. 153, § 72 recompiled former 22-10-16 NMSA 1978 as 22-10A-26 NMSA 1978, effective April 4, 2003.
The 2019 amendment, effective June 14, 2019, deleted "certified" and added "licensed" preceding each occurrence of "school employee" throughout; in the introductory clause, after "Sections", changed "22-10-12 through 22-10-14.1" to "22-10A-22 through 22-10A-25"; in Subsection C, deleted " a non-certified" and added "an unlicensed" preceding "school employee"; and added Subsection D.
The 1994 amendment, effective May 18, 1994, substituted "Sections 22-10-12 through 22-10-14.1" for "Sections 22-10-12 through 22-10-15" near the beginning of the section, deleted former Subsection A, which read "a person not holding a standard certificate", redesignated former Subsection B as Subsection A, added present Subsection B, and rewrote Subsection C, which read " a person not qualified to teach".
The 1993 amendment, effective July 1, 1993, deleted former Subsection C, which read "a person attaining seventy years of age prior to the last day of the school year"; redesignated former Subsection D as Subsection C; and made a minor stylistic change.
The 1991 amendment, effective June 14, 1991, substituted "seventy years" for "sixty-five years" in Subsection C.
Former exceptions construed. Penasco Indep. School Dist. No. 4 v. Lucero, 1974-NMCA-099, 86 N.M. 683, 526 P.2d 825; Atencio v. Board of Educ., 1982-NMSC-140, 99 N.M. 168, 655 P.2d 1012, superseded by statute Naranjo v. Board of Educ. of Espa ola Pub. Schs., 1995-NMSC-015, 119 N.M. 401, 891 P.2d 542.
Administrators have no tenure rights. — While certified school instructors have procedural due process and certain other rights under the School Personnel Act, administrators have no tenure rights and therefore have no expectation of continued employment. Swinney v. Deming Bd. of Educ., 1994-NMSC-039, 117 N.M. 492, 873 P.2d 238.
No property interest in position of principal. — Where plaintiff's one-year contract to serve as a principal of a middle school was not renewed due to budgetary restraints and plaintiff was reassigned to a teaching position, plaintiff did not have a property interest that was subject to federal constitutional guarantees. Cole v. Ruidoso Mun. Schs., 947 F.2d 903 (10th Cir, 1991).
