HOUSE BILL 567
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Luciano "Lucky" Varela
AN ACT
RELATING TO PUBLIC SCHOOLS; ALLOWING FOR THE SUSPENSION OF INDIVIDUAL LOCAL SCHOOL BOARD MEMBERS; PROVIDING FOR APPOINTMENTS DURING TERMS OF SUSPENSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2-14 NMSA 1978 (being Laws 1978, Chapter 129, Section 1, as amended) is amended to read:
"22-2-14. LOCAL SCHOOL BOARDS--PUBLIC SCHOOLS--SUSPENSION--PROCEDURES.--
A. Money budgeted by a school district shall be spent first to attain and maintain the requirements for a school district as prescribed by law and by standards and rules as prescribed by the department. The department shall give written notification to a local school board, local school board member, local superintendent and school principal, as applicable, of any failure to meet requirements by any part of the school district under the control of the local school board. The notice shall specify the deficiency. Instructional units or administrative functions may be disapproved for such deficiencies. The department shall disapprove instructional units or administrative functions that it determines to be detrimental to the educational process.
B. Within thirty days after receipt of the notice of failure to meet requirements, the local school board, local school board member, local superintendent and school principal, as applicable, shall:
(1) comply with the specific and attendant requirements in order to remove the cause for disapproval; or
(2) submit plans satisfactory to the department to meet requirements and remove the cause for disapproval.
C. The secretary, after consultation with the commission, shall suspend from authority and responsibility a local school board, local school board member, local superintendent or school principal that has had notice of disapproval and fails to comply with procedures of Subsection B of this section. The department shall act in lieu of the suspended local school board, local superintendent or school principal until the department removes the suspension.
D. To suspend a local school board, local school board member, local superintendent or school principal, the secretary shall deliver to the local school board an alternative order of suspension, stating the cause for the suspension and the effective date and time the suspension will begin. The alternative order shall also contain notice of a time, date and place for a public hearing, prior to the beginning of suspension, to be held by the department, at which the local school board, local school board member, local superintendent or school principal may appear and show cause why the suspension should not be put into effect. Within five days after the hearing, the secretary shall make permanent, modify or withdraw the alternative order.
E. The secretary may suspend a local school board, local school board member, local superintendent or school principal when the local school board, local school board member, local superintendent or school principal has been notified of disapproval and when the department has sufficient reason to believe that the educational process in the school district or public school has been severely impaired or halted as a result of deficiencies so severe as to warrant disapproved status before a public hearing can be held. If a local school board member is suspended pursuant to this subsection and a majority of the full membership of the local school board continues in authority, the remaining members shall continue to execute all legal authority of the local school board. If suspensions of local school board members under this subsection result in less than a majority of the full membership of the local school board remaining in authority, the department shall act in lieu of the local school board until such time as the secretary enters an order pursuant to Subsection D of this section and members are appointed pursuant to Subsection H of this section.
F. The department, while acting in lieu of a suspended local school board, local superintendent or school principal, shall execute all the legal authority of the local school board, local superintendent or school principal and assume all the responsibilities of the local school board, local superintendent or school principal.
G. Upon suspension of a local school board member by order of the secretary pursuant to Subsection D of this section, the appointment of a qualified person to serve in lieu of the suspended member until the earlier of the removal of the suspension or the expiration of the term of the suspended local board member shall be accomplished as follows:
(1) the remaining members of the local school board shall appoint a qualified person to serve in lieu of the suspended member at an open meeting at which a quorum of the membership is present, by a majority vote of the remaining members; and
(2) if a qualified person is not appointed within forty-five days from the date the secretary's order is entered, the department shall appoint a qualified person to serve in lieu of the suspended member.
H. If suspensions of local school board members pursuant to Subsection D of this section result in less than a majority of the full membership of the local school board remaining in authority, the department shall appoint qualified persons to serve in lieu of the suspended local school board members until the earlier of the removal of the suspensions or the expiration of the terms of suspended local school board members.
[G.] I. The provisions of this section shall be invoked at any time the secretary, after consultation with the commission, finds that the school district or public school has failed to attain and maintain the requirements of law or department standards and rules.
[H.] J. The commission shall consult with the secretary and may recommend alternative actions for the secretary's consideration.
[I.] K. A local school board, local school board member, local superintendent or school principal aggrieved by a decision of the secretary may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."
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