2021 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel
Section 22-10A-1 - Short title.

Chapter 22, Article 10A NMSA 1978 may be cited as the "School Personnel Act".

History: 1953 Comp., § 77-8-1, enacted by Laws 1975, ch. 306, § 1; 1991, ch. 187, § 2; 1978 Comp., § 22-10-1, recompiled and amended as § 22-10A-1 by Laws 2003, ch. 153, § 33.

Recompilations. — Laws 2003, ch. 153, § 33 recompiled and amended former 22-10-1 NMSA 1978 as 22-10A-1 NMSA 1978, effective April 4, 2003.

Repeals and reenactments. — Laws 1975, ch. 306, § 1, repealed 77-8-1, 1953 Comp., as enacted by Laws 1967, ch. 16, § 106, relating to requirements for certificates, and enacted a new section.

The 2003 amendment,effective April 4, 2003, substituted "10A" for "10" following "Article" near the beginning of the section.

The 1991 amendment, effective June 14, 1991, rewrote this section which read "Sections 77-8-1 through 77-8-24 NMSA 1953 may be cited as the 'Certified School Personnel Act'."

Purpose of provisions. — The purpose of the Certified School Personnel Act (now School Personnel Act) is to protect the public against incompetent teachers and to insure proper educational qualifications, personal fitness and a high standard of teaching performance. N.M. State Bd. of Educ. v. Stoudt, 1977-NMSC-099, 91 N.M. 183, 571 P.2d 1186.

By statute, teachers are assured an indefinite tenure of position during satisfactory performance of their duties. Atencio v. Board of Educ., 1982-NMSC-140, 99 N.M. 168, 655 P.2d 1012, superseded by statute, Naranjo v. Board of Educ., 1995-NMSC-015, 119 N.M. 401, 891 P.2d 542.

Public school instructors and administrators are state employees within the constraints of the prohibition against serving in the legislature while receiving compensation as an employee of the state. 1988 Op. Att'y Gen. No. 88-20, overruled by State ex rel. Stratton v. Roswell Indep. Sch., 1991-NMCA-013, 111 N.M. 495, 806 P.2d 1085.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Tests of moral character or fitness as requisite to issuance of teacher's license or certificate, 96 A.L.R.2d 536.

Drugs and narcotics: use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher's certificate, 47 A.L.R.3d 754.

Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 A.L.R.3d 19.

Student's right to compel school officials to issue degree, diploma, or the like, 11 A.L.R.4th 1182.

Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees, 75 A.L.R.4th 272.

78 C.J.S. Schools and School Districts § 197.