44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; AMENDING AND ENACTING SECTIONS OF THE PUBLIC SCHOOL CODE PERTAINING TO LOCAL SCHOOL BOARD, SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL PRINCIPAL EMPLOYMENT RESPONSIBILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-5-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 28, as amended) is amended to read:

"22-5-4. LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local school board shall have the following powers or duties:

A. subject to the regulations of the state board, supervise and control all public schools within the school district and all property belonging to or in the possession of the school district;

B. employ a superintendent of schools for the school district and fix his salary;

C. delegate administrative and supervisory functions of the local school board to the superintendent of schools;

D. [subject to the provisions of law, approve or disapprove the employment, termination or discharge of all employees and certified school personnel of the school district upon a recommendation of employment, termination or discharge by the superintendent of schools; provided that any employment relationship shall continue until final decision of the board. Any employment, termination or discharge without the prior recommendation of the superintendent is void] establish employment eligibility criteria for all school district employees;

E. apply to the state board for a waiver of certain provisions of the Public School Code relating to length of school day, staffing patterns, subject area or the purchase of instructional materials for the purpose of implementing a collaborative school improvement program for an individual school;

F. fix the salaries of all employees and certified school personnel of the school district;

G. contract, lease, purchase and sell for the school district;

H. acquire and dispose of property;

I. have the capacity to sue and be sued;

J. acquire property by eminent domain [as] pursuant to the procedures provided in the Eminent Domain Code;

K. issue general obligation bonds of the school district;

L. repair and maintain all property belonging to the school district;

M. for good cause and upon order of the district court, subpoena witnesses and documents in connection with a hearing concerning any powers or duties of the local school boards;

N. except for expenditures for salaries, contract for the expenditure of money according to the provisions of the Procurement Code;

O. adopt regulations pertaining to the administration of all powers or duties of the local school board;

P. accept or reject any charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the school district or the public school to which it is given; and

Q. offer and, upon compliance with the conditions of such offer, pay rewards for information leading to the arrest and conviction or other appropriate disciplinary disposition by the courts or juvenile authorities of offenders in case of theft, defacement or destruction of school district property. All such rewards shall be paid from school district funds in accordance with regulations that shall be promulgated by the department of education."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SCHOOL DISTRICT SUPERINTENDENT--SCHOOL PRINCIPALS--EMPLOYMENT RESPONSIBILITIES.--The school district superintendent may approve or disapprove the employment, termination or discharge of all employees and certified school personnel of the school district. The school principal may dismiss or demote any teacher or other person assigned full time to the school, subject to the review and approval of the superintendent. Employees whose duties require them to be assigned to more than one school and teachers who teach in more than one school shall be under the supervision of the superintendent for all decisions relating to dismissal or demotion."