2021 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel
Section 22-10A-23 - Licensed school employees; reemployment; acceptance; rejection; binding contract.

A. Each licensed school employee shall deliver to the superintendent 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 licensed school employee; or

(2) the last day of the school year when no written notice of reemployment or termination is served upon the licensed school employee on or before fifteen working days prior to the last day of the school year.

B. Delivery of the written acceptance of reemployment by a licensed school employee creates a binding employment contract between the licensed school employee and the superintendent until the parties enter into a formal written employment contract. Written employment contracts between the superintendent and licensed school employees 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; 2019, ch. 238, §6.

Recompilations. — Laws 2003, ch. 153, § 72 recompiled former 22-10-13 NMSA 1978, as 22-10A-23 NMSA 1978, effective April 4, 2003.

The 2019 amendment, effective June 14, 2019, clarified certain terms throughout the section; in the section heading, added "Licensed school employees"; and in Subsection A, Paragraph A(2), after "on or before", added "fifteen working days prior to".

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.