2019 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel Act
Section 22-10A-29 - Compensation payments to discharged personnel.

A. Payment of compensation to a licensed school employee employed by a public school and payment of compensation to a superintendent employed by a governing authority shall terminate as of the date, after a hearing, that a written copy of the decision of the governing authority to discharge the licensed school employee or superintendent is served on the licensed school employee or superintendent. If the compensation of the licensed school employee or superintendent discharged during the term of a written employment contract is to be paid monthly during a twelve-month period for services to be performed during a period less than twelve months, the licensed school employee or superintendent shall be entitled to a pro rata share of the compensation payments due for the period during the twelve months in which no services were to be performed.

B. In the event the action of the governing authority in discharging a licensed school employee or superintendent is reversed on appeal, payment of compensation to the licensed school employee or superintendent shall be reinstated in full but subject to any additional compensation allowed other licensed school employees or superintendents of like qualifications and experience employed by the public school and including reimbursement for compensation during the entire period the compensation was terminated less an offset for any compensation received by the licensed school employee or superintendent from the public school during the period the compensation was terminated.

History: 1953 Comp., § 77-8-15, enacted by Laws 1967, ch. 16, § 120; 1975, ch. 306, § 13; 1978 Comp., § 22-10-18, recompiled as § 22-10A-29 by Laws 2003, ch. 153, § 72; 2019, ch. 238, § 10.

Recompilations. — Laws 2003, ch. 153, § 72 recompiled former 22-10-18 NMSA 1978 as 22-10A-29 NMSA 1978, effective April 4, 2003.

The 2019 amendment, effective June 14, 2019, replaced each occurrence of "school instructor" with "licensed school employee", and replaced each occurrence of "local school board" with "governing authority".

The legislature can constitutionally prescribe the methods for adjudicating a dispute over termination of a certified school employee's right to continued employment because that right is a public right created by statute. Board of Educ. of Carlsbad Mun. Schs. v. Harrell, 1994-NMSC-096, 118 N.M. 470, 882 P.2d 511.

Offset provision in Subsection B is not exclusive; rather, a school district or state agency may offset an award by any compensation that a terminated employee received from any source during his period of termination. Board of Educ. v. Jennings, 1985-NMSC-054, 102 N.M. 762, 701 P.2d 361.