HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 567

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO PUBLIC SCHOOLS; ALLOWING FOR THE SUSPENSION OF INDIVIDUAL LOCAL SCHOOL BOARD MEMBERS.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARD MEMBERS--SUSPENSION--PROCEDURES.--

          A. If a local school board receives a written complaint that a local school board member has violated a provision of the Public School Code, a rule promulgated pursuant to that act or an ethical standard of the local school board or the department, the local school board may investigate the complaint and provide the local school board member an opportunity to comment. The local school board may meet in executive session to discuss the complaint, but a vote to reprimand or censure a local school board member shall be made in an open meeting.

          B. In lieu of voting to reprimand or censure, or in addition to such vote, the local school board may vote in a public meeting to file a formal complaint with the secretary to request a review of the local school board member's purported violation of law, rule or ethical standard. The secretary shall begin to investigate the complaint received from the local school board within thirty days. The secretary shall provide notice and an opportunity to be heard to the local school board member if the secretary finds after investigation that a violation of the Public School Code, a rule promulgated pursuant to that act or an ethical standard may have occurred and, if so, is of such seriousness that it may warrant suspension.

          C. The public hearing on the suspension of a local school board member shall be held in the school district and the local school board member, other members of the local school board, the complainant and members of the public may speak at the hearing. Prior to deciding the issue, the secretary shall consult with the commission. A suspension pursuant to this section shall be in effect until the local school board member corrects the violation pursuant to the order of suspension or for no more than three years or until the final year of the member's term, whichever occurs first, except if the violation occurs or the suspension begins in the final year of the member's term, the suspension may last through the end of the term. The local school board member may appeal the decision and order of the secretary to the district court as provided in Section 39-3-1.1 NMSA 1978.

          D. If the secretary suspends a majority of local school board members under this section, the secretary shall be deemed to have suspended the local school board and the department shall act in lieu of the suspended local school board.

          E. Every local school board shall adopt and promulgate written policies concerning the process and procedures to be followed when receiving and reviewing complaints about local school board members, and the procedures for deciding whether to file a formal complaint with the secretary. Complaints that allege that a local school board member violated a provision of the Public School Code, a rule promulgated pursuant to that act or an ethical rule of the local school board or the department must be in writing. The policies shall provide time lines for reviewing such complaints, giving notice to the local school board member, hearing the complaint and taking action. Nothing in this section prohibits a local school board or the department from having written policies or rules on handling complaints from the public or other local school board members about the conduct of a local school board member that is not a violation of law, rule or ethical standards."

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