Local School Boards

NMSA 1978 ch. 22, art. 5

in effect

NMSA 1978, § 22-5-1 Local school boards; members

22-5-1. Local school boards; members A local school board shall be composed of five qualified electors of the state residing within the school district. 1953 Comp., § 77-4-1, enacted by Laws 1967, ch. 16, § 27.

NMSA 1978, § 22-5-1.1 Local school board members; elected from districts

22-5-1.1. Local school board members; elected from districts Members of local school boards in districts having a population in excess of sixteen thousand shall reside in and be elected from single-member districts. Once, following every federal decennial census, the local school board shall divide the school district into a number of election districts equal in number to the number of members on the school board. Such election districts shall be contiguous and compact and as equal in population as is practicable; provided that the local school board of any district having a population of sixteen thousand or less may provide for single-member districts as provided in this section. 1978 Comp., § 22-5-1.1, enacted by Laws 1985, ch. 202, § 1; 1993, ch. 226, § 10.

NMSA 1978, § 22-5-3 School board membership; optional form

22-5-3. School board membership; optional form A. The local school board of any school district in this state may by resolution provide for the local board of that district to be composed of seven qualified electors of the state who reside within the district. The resolution shall provide that the board consist of seven separate positions, and each such position shall be designated by number. Qualified electors seeking election to the school board shall file and run for only one of the numbered positions. B. If the resolution provided for in this section is adopted, it shall go into effect within thirty days after its adoption unless a petition signed by the qualified electors of the school district in a number equal to twenty percent of all the voters in the district voting at the last regular school board election is presented to the local board within such thirty days asking that an election be held on the question of increasing the membership of the local board to seven members. C. Upon receipt and verification of the petition, the local school board shall within thirty days call a special school election to vote upon the question of increasing the membership of the local school board in that district to seven members. D. If the voters of the school district approve the increase in the local school board's membership to seven members, the resolution shall be in effect. E. A resolution adopted pursuant to Subsection A of this section shall conform to the requirements of Section 1-22-5 NMSA 1978 and shall provide for the election of two additional school board members at the next regular school district election. One new member shall be elected to serve until the first regular school board election following the member's election. The second new member shall be elected to serve until the second regular school board election following the member's election. Thereafter, persons elected to fill the additional new positions on the board shall be elected for terms as provided by law. 1953 Comp., § 77-4-1.3, enacted by Laws 1969, ch. 103, § 2; 1981, ch. 316, § 1; 1993, ch. 226, § 11; 2015, ch. 145, § 95.

NMSA 1978, § 22-5-3.1 Local school boards; reversion to five members

22-5-3.1. Local school boards; reversion to five members A. Any seven-member local school board of a school district in the state may by resolution provide for the local school board of that school district to be composed of five qualified electors of the state who reside within the school district. B. If the resolution specified in Subsection A of this section is adopted, the existing local school board at the first election at which the terms of three members expire shall by lot: (1) eliminate two positions if the next succeeding election is one at which the terms of two members expire; (2) eliminate two positions if the next succeeding election is one at which the term of one member expires, and at the next election at which the terms of three members expire designate one position for a two-year term; provided that thereafter all terms shall be four-year terms; or (3) eliminate two positions if the next succeeding election is one at which the terms of three members expire, and at the succeeding election designate one position for a two-year term; provided that thereafter all terms shall be four-year terms. C. Any resolution adopted pursuant to the provisions of this section shall be effective thirty days after its adoption unless a petition signed by the qualified electors of the school district in a number equal to at least twenty percent of all voters in the school district voting at the last regular school board election is presented to the local school board on or before the thirtieth day asking that an election be held on the question of decreasing the membership of the local school board to five members. D. Upon receipt and verification of the petition, the local school board shall within thirty days call a special election to vote upon the question of decreasing the membership of the local school board in that school district to five members. E. If the voters of the school district approve the decrease in the local school board's membership to five members, the resolution shall be in effect, and the elimination of two members at subsequent elections as provided in Subsection B of this section shall be valid. 1978 Comp., § 22-5-3.1, enacted by Laws 1981, ch. 302, § 1; 2015, ch. 145, § 96.

NMSA 1978, § 22-5-4 Local school boards; powers; duties

22-5-4. Local school boards; powers; duties A local school board shall have the following powers or duties: A. subject to the rules of the department, develop educational policies for the school district; B. employ a local superintendent for the school district and fix the superintendent's salary; C. review and approve the annual school district budget; D. acquire, lease and dispose of property; E. have the capacity to sue and be sued; F. acquire property by eminent domain pursuant to the procedures provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]; G. issue general obligation bonds of the school district; H. provide for the repair of and maintain all property belonging to the school district; I. 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 board; J. except for expenditures for salaries, contract for the expenditure of money according to the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978]; K. adopt rules pertaining to the administration of all powers or duties of the local school board; L. 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; M. 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 rules promulgated by the department; and N. give prior approval for any educational program in a public school in the school district that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency. 1953 Comp., § 77-4-2, enacted by Laws 1967, ch. 16, § 28; 1973, ch. 3, § 1; 1979, ch. 335, § 3; 1981, ch. 116, § 1; 1981, ch. 125, § 48; 1990, ch. 52, § 2; 1992, ch. 77, § 2; 1993, ch. 226, § 12; 2003, ch. 153, § 21; 2004, ch. 27, § 20; 2005, ch. 315, § 3.

NMSA 1978, § 22-5-4.2 Child abuse; report coordination; confirmation

22-5-4.2. Child abuse; report coordination; confirmation A. A local school board shall adopt policies providing for the coordination and internal tracking of reports made pursuant to Section 32A-4-3 NMSA 1978. Such policies, however, shall not require any notification to school district personnel before the report is made to the offices listed in Subsection A of Section 32A-4-3 NMSA 1978. Such policies shall include measures to protect the identity of any alleged victims. No policy shall purport to relieve any person having a duty to report under Section 32A-4-3 NMSA 1978 from that duty. B. After a report is made pursuant to Section 32A-4-3 NMSA 1978, the office receiving the notification shall notify the person making the report within five days after the report was made that the office is investigating the matter. Mailing a notice within five days shall constitute compliance with this subsection. Laws 1985, ch. 94, § 1; 2021, ch. 94, § 3.

NMSA 1978, § 22-5-4.3 School discipline policies; racial sensitivity and anti-racism training; hotline for reporting racially charged incidents and racialized aggression involving students or school personnel; students may self-administer certain medications

22-5-4.3. School discipline policies; racial sensitivity and anti-racism training; hotline for reporting racially charged incidents and racialized aggression involving students or school personnel; students may self-administer certain medications A. Local school boards shall establish student discipline policies and shall file them with the department. The local school board shall involve parents, school personnel and students in the development of these policies, and public hearings shall be held during the formulation of these policies in the high school attendance areas within each school district or on a district-wide basis for those school districts that have no high school. No local school board shall allow for the imposition of discipline, discrimination or disparate treatment against a student based on the student's race, religion or culture or because of the student's use of protective hairstyles or cultural or religious headdresses. B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include in-school suspension, school service, suspension or expulsion. Corporal punishment shall be prohibited by each local school board and each governing body of a charter school. C. An individual school within a school district may establish a school discipline policy, provided that parents, school personnel and students are involved in its development and a public hearing is held in the school prior to its adoption. If an individual school adopts a discipline policy in addition to the local school board's school district discipline policy, it shall submit its policy to the local school board for approval. D. All school discipline policies shall define and include a specific prohibition against racialized aggression involving a student or school personnel. Every school district and every charter school shall provide links to the statewide hotline to report racially charged incidents or racialized aggression. E. No school employee who in good faith reports any known or suspected violation of the school discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of the employee's efforts to enforce any part of the policy. F. All public school and school district discipline policies shall allow students to carry and self-administer asthma medication and emergency anaphylaxis medication that has been legally prescribed to the student by a licensed health care provider under the following conditions: (1) the health care provider has instructed the student in the correct and responsible use of the medication; (2) the student has demonstrated to the health care provider and the school nurse or other school official the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed; (3) the health care provider formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours or school-sponsored activities, including transit to or from school or school-sponsored activities; and (4) the student's parent has completed and submitted to the school any written documentation required by the school or the school district, including the treatment plan required in Paragraph (3) of this subsection and other documents related to liability. G. The parent of a student who is allowed to carry and self-administer asthma medication and emergency anaphylaxis medication may provide the school with backup medication that shall be kept in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. H. Authorized school personnel who in good faith provide a person with backup medication as provided in this section shall not be held liable for civil damages as a result of providing the medication. I. Local school boards and governing bodies of charter schools shall not prohibit a student who is enrolled, or eligible for enrollment, in a federally recognized Indian nation, tribe or pueblo from wearing tribal regalia or objects of cultural significance along with or attached to a cap or gown or wearing tribally significant footwear or other items of apparel under a gown at graduation ceremonies or public school events. J. As used in this section: (1) "cultural or religious headdresses" includes hijabs, head wraps or other headdresses used as part of a person's personal cultural or religious beliefs; (2) "protective hairstyles" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, weaves, wigs or head wraps; and (3) "tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance, including tribal symbols, jewelry, beading and feathers. 1978 Comp., § 22-5-4.3, enacted by Laws 1986, ch. 33, § 9; 1993, ch. 226, § 13; 2005, ch. 60, § 1; 2011, ch. 97, § 1; 2021, ch. 19, § 1; 2021, ch. 37, § 1; 2021, ch. 51, § 8; 2025, ch. 7, § 1.

NMSA 1978, § 22-5-4.4 School employees; reporting drug and alcohol use; release from liability

22-5-4.4. School employees; reporting drug and alcohol use; release from liability A. A school employee who knows or in good faith suspects any student of using or abusing alcohol or drugs shall report such use or abuse pursuant to procedures established by the local school board. B. No school employee who in good faith reports any known or suspected instances of alcohol or drug use or abuse shall be held liable for any civil damages as a result of such report or his efforts to enforce any school policies or regulations regarding drug or alcohol use or abuse. 1978 Comp., § 22-1-5, enacted by Laws 1985, ch. 180, § 1; recompiled as § 22-5-4.4 by Laws 1986, ch. 33, § 10.

NMSA 1978, § 22-5-4.5 Pledge of allegiance

22-5-4.5. Pledge of allegiance Local school boards shall provide that the pledge of allegiance shall be recited daily in each public school in the school district according to regulations adopted by the state board [department]. 1978 Comp., § 22-5-4.5, enacted by Laws 1986, ch. 33, § 11.

NMSA 1978, § 22-5-4.7 Additional student discipline policies; weapon-free schools

22-5-4.7. Additional student discipline policies; weapon-free schools A. In addition to other student discipline policies, each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. The local school board or the superintendent of the school district may modify the expulsion requirement on a case-by-case basis. B. Student discipline policies shall also provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student requests a due process hearing, then the student shall remain in the alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise. C. For the purposes of this section, "weapon" means: (1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and (2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellent charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter-ounce, mine or similar device. 1978 Comp., § 22-5-4.7, enacted by Laws 1995, ch. 47, § 1.

NMSA 1978, § 22-5-4.8 Area vocational high schools

22-5-4.8. Area vocational high schools A. A local school board, alone or in cooperation with other local school boards, may develop a plan for the establishment of an area vocational high school. The plan shall be submitted to the department for its approval. B. The department may approve a plan for an area vocational high school if the plan adequately provides for: (1) sufficient financing for the operation of the school, which may include an election for a special levy not to exceed one dollar ($1.00) for each one thousand dollars ($1,000) of net taxable value, and that may be in addition to levies authorized by the College District Tax Act; (2) a broad vocational and technical education program serving a sufficient number of students to achieve economic viability; and (3) compliance with the state plan for vocational education. Laws 1999, ch. 219, § 19; 2019, ch. 59, § 1.

NMSA 1978, § 22-5-4.9 High school diplomas; World War II veterans

22-5-4.9. High school diplomas; World War II veterans A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a World War II veteran who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school after 1940 and before 1951; (3) was a resident of New Mexico and attended a high school in the locality of the current school district; and (4) left high school before graduation to serve in World War II. B. A local school board may issue a high school diploma to a qualifying World War II veteran regardless of whether the veteran holds a high school equivalency credential or is deceased. C. The department shall adopt and promulgate rules to carry out the provisions of this section, including: (1) an application form to be submitted by the World War II veteran or a person acting on behalf of the veteran if the veteran is incapacitated or deceased; and (2) what constitutes acceptable evidence of eligibility for a diploma. Laws 2003, ch. 113, § 1; 2015, ch. 122, § 11.

NMSA 1978, § 22-5-4.10 High school diplomas; Korean conflict veterans

22-5-4.10. High school diplomas; Korean conflict veterans A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a Korean conflict veteran who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school after June 27, 1950 and before January 31, 1955; (3) was a resident of New Mexico and attended a high school in the locality of the current school district; and (4) left high school before graduation to serve in the Korean conflict. B. A local school board may issue a high school diploma to a qualifying Korean conflict veteran regardless of whether the veteran holds a high school equivalency credential or is deceased. C. The department shall adopt and promulgate rules to carry out the provisions of this section, including: (1) an application form to be submitted to the local school board by the Korean conflict veteran or a person acting on behalf of the veteran if the veteran is incapacitated or deceased; and (2) what constitutes acceptable evidence of eligibility for a diploma. Laws 2005, ch. 11, § 1; 2015, ch. 122, § 12.

NMSA 1978, § 22-5-4.11 Psychotropic medication; prohibition on compulsion

22-5-4.11. Psychotropic medication; prohibition on compulsion A. Each local school board or governing body shall develop and promulgate policies that prohibit school personnel from denying any student access to programs or services because the parent or guardian of the student has refused to place the student on psychotropic medication. B. School personnel may share school-based observations of a student's academic, functional and behavioral performance with the student's parent or guardian and offer program options and other forms of assistance that are available to the parent or guardian and the student based on those observations. However, an employee or agent of a school district or governing body shall not compel or attempt to compel any specific actions by the parent or guardian or require that a student take a psychotropic medication. C. School personnel shall not require a student to undergo psychological screening unless the parent or guardian of that student gives prior written consent before each instance of psychological screening. D. Nothing in this act shall be construed to create a prohibition against a teacher or other school personnel from consulting or sharing a classroom-based observation with a parent or guardian regarding: (1) a student's academic and functional performance; (2) a student's behavior in the classroom or school; or (3) the need for evaluation for special education or related services. E. As used in this section: (1) "psychotropic medication" means a drug that shall not be dispensed or administered without a prescription, whose primary indication for use has been approved by the federal food and drug administration for the treatment of mental disorders and that is listed as a psychotherapeutic agent in drug facts and comparisons or in the American hospital formulary service; and (2) "school personnel" means school personnel that the department has licensed. Laws 2015, ch. 51, § 1.

NMSA 1978, § 22-5-4.12 Use of restraint and seclusion; techniques; requirements

22-5-4.12. Use of restraint and seclusion; techniques; requirements A. A school may permit the use of restraint or seclusion techniques on any student only if both of the following apply: (1) the student's behavior presents an imminent danger of serious physical harm to the student or others; and (2) less restrictive interventions appear insufficient to mitigate the imminent danger of serious physical harm. B. If a restraint or seclusion technique is used on a student: (1) school employees shall maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use; (2) the restraint or seclusion technique shall end when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others; (3) the restraint or seclusion technique shall be used only by school employees who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon those trained school employees; (4) the restraint technique employed shall not impede the student's ability to breathe or speak; and (5) the restraint technique shall not be out of proportion to the student's age or physical condition. C. Schools shall establish policies and procedures for the use of restraint or seclusion techniques in a school safety plan; provided that: (1) the school safety plan shall not be specific to any individual student; and (2) any school safety plan shall be drafted by a planning team that includes at least one special education expert. D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a student. The procedures shall include the following provisions: (1) a school employee shall provide the student's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident; (2) within a reasonable time following the incident, a school employee shall provide the student's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use; and (3) schools shall review strategies used to address a student's dangerous behavior if use of restraint or seclusion techniques for an individual student has occurred two or more times during any thirty-calendar-day period. The review shall include: (a) a review of the incidents in which restraint or seclusion techniques were used and an analysis of how future incidents may be avoided, including whether the student requires a functional behavioral assessment; and (b) a meeting of the student's individualized education program team, behavioral intervention plan team or student assistance team within two weeks of each use of restraint or seclusion after the second use within a thirty-calendar-day period to provide recommendations for avoiding future incidents requiring the use of restraint or seclusion. E. If a school summons law enforcement instead of using a restraint or seclusion technique on a student, the school shall comply with the reporting, documentation and review procedures established pursuant to Subsection D of this section. F. Policies regarding restraint and seclusion shall consider school district support and strategies for school employees to successfully reintegrate a student who has been restrained or secluded back into the school or classroom environment. G. The provisions of this section shall not be interpreted as addressing the conduct of law enforcement or first responders. H. The provisions of this section do not apply to any school located within a county juvenile detention center or a state-operated juvenile facility. I. For the purposes of this section: (1) "first responder" means a person based outside of a school who functions within the emergency medical services system and who is dispatched to a school to provide initial emergency aid; (2) "mechanical restraint" means the use of any device or material attached or adjacent to the student's body that restricts freedom of movement or normal access to any portion of the student's body and that the student cannot easily remove, but "mechanical restraint" does not include mechanical supports or protective devices; (3) "physical restraint" means the use of physical force without the use of any device or material that restricts the free movement of all or a portion of a student's body, but "physical restraint" does not include physical escort; (4) "restraint" when not otherwise modified means mechanical or physical restraint; and (5) "seclusion" means the involuntary confinement of a student alone in a room from which egress is prevented. "Seclusion" does not mean the use of a voluntary behavior management technique, including a timeout location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program that involves the student's separation from a larger group for purposes of calming. Laws 2017, ch. 33, § 1.

NMSA 1978, § 22-5-4.13 Local school board; consideration of opening or closing a public school on tribal land; consultation with tribal leaders and members and families of students

22-5-4.13. Local school board; consideration of opening or closing a public school on tribal land; consultation with tribal leaders and members and families of students A. Whenever a local school board is contemplating opening a public school on tribal land, in addition to negotiations involving land or buildings, the local school board and the local superintendent shall consult with tribal leaders and members and families of students who will be eligible to attend the public school on the design of the school's programming. B. Consultation shall include, among other actions, meetings in which the local school board and local superintendent explain: (1) how and why they reached the decision to approach the tribe about opening a public school on tribal land; and (2) the level of their commitment to improving educational outcomes for Indian students by opening a public school and how that commitment will be manifested through: (a) culturally and linguistically responsive school policies; (b) rigorous and culturally meaningful curricula and instructional materials; (c) sensitivity to the tribe's calendar of religious and tribal obligations when making the school calendar; and (d) professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students. C. Whenever a local school board is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school. D. Consultation shall include, among other actions, meetings in which the local board and the local superintendent explain: (1) the reasons for closing the public school; (2) the reasons why the local school board has not or cannot provide additional resources to keep the public school open; (3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools; (4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to: (a) culturally and linguistically responsive school policies; (b) rigorous and culturally meaningful curricula and instructional materials; (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar; and (d) professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students; (5) how the educational outcomes for the Indian students will be improved by attending another public school; (6) plans for the public school buildings that will be left empty by the closure; and (7) any other matters the local school board believes provide an adequate explanation of the reasons for closing the public school on tribal lands. Laws 2019, ch. 174, § 2.

NMSA 1978, § 22-5-4.14 High school diplomas; Vietnam conflict veterans

22-5-4.14. High school diplomas; Vietnam conflict veterans A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a Vietnam conflict veteran who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school after February 28, 1961 and before May 7, 1975; (3) was a resident of New Mexico and attended a high school in the locality of the current school district; and (4) left high school before graduation to serve in the Vietnam conflict. B. A local school board may issue a high school diploma to a qualifying Vietnam conflict veteran regardless of whether the veteran holds a high school equivalency credential or is deceased. C. The department shall adopt and promulgate rules to carry out the provisions of this section, including: (1) an application form to be submitted to the local school board by the Vietnam conflict veteran or a person acting on behalf of the veteran if the veteran is incapacitated or deceased; and (2) what constitutes acceptable evidence of eligibility for a diploma. Laws 2020, ch. 72, § 1.

NMSA 1978, § 22-5-4.15 Contract extension or termination of local superintendent; limitation

22-5-4.15. Contract extension or termination of local superintendent; limitation A local school board shall not, during any time between the date of a regular local election in which school board positions are on the ballot and sixty days after the convening of the newly elected board or until sixty days after a majority of a local school board has been appointed: A. extend the local superintendent's contract; or B. terminate the local superintendent without cause. Laws 2024, ch. 43, § 4.

NMSA 1978, § 22-5-4.16 Local school board meetings; webcasting and archiving

22-5-4.16. Local school board meetings; webcasting and archiving Except as otherwise provided in this section, live audio and video webcasts of local school board meetings shall be accessible through the school district's website and shall include a user interface that allows members of the public to submit written or verbal comments. A webcast shall begin as soon as practicable after the chair has called the meeting to order and shall terminate as soon as practicable after the local school board has adjourned. Recordings of the webcasts and an electronic copy of any minutes approved at the meeting shall be posted on the school district's website within one week of the meeting's conclusion and shall be publicly available for at least three years following the date of the meeting unless the state records retention schedule provides otherwise. Laws 2024, ch. 43, § 6.

NMSA 1978, § 22-5-5 Compensation; prohibited employment

22-5-5. Compensation; prohibited employment A. The members of a local school board shall serve without compensation. B. No member of a local school board shall be employed in any capacity by a school district governed by that local school board during the term of office for which the member was elected or appointed. 1953 Comp., § 77-4-3, enacted by Laws 1967, ch. 16, § 29.

NMSA 1978, § 22-5-6 Nepotism prohibited

22-5-6. Nepotism prohibited A. A local superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the local school board or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent. B. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008. 1953 Comp., § 77-4-3.1, enacted by Laws 1971, ch. 199, § 1; 1981, ch. 86, § 1; 2003, ch. 153, § 22; 2009, ch. 195, § 1.

NMSA 1978, § 22-5-7 Officers; surety bonds

22-5-7. Officers; surety bonds A. From among its members, a local school board shall elect a president, a vice-president and a secretary. B. Before assuming the duties of office, the president and secretary of a local school board and the superintendent of schools of a school district shall each obtain an official bond payable to the school district and conditioned upon the faithful performance of their duties during their terms of office. The bonds shall be executed by a corporate surety company authorized to do business in this state. The amount of each bond required shall be fixed by the local school board but shall not be less than five thousand dollars ($5,000). C. A local school board may elect to obtain a schedule or blanket corporate surety bond covering all local school board members and school district administrators and employees for any period not exceeding four years. D. The cost of bonds obtained pursuant to this section shall be paid from the operational fund of the school district. The bonds shall be approved by the director of the public school finance division [secretary] and filed with the secretary of finance and administration. 1953 Comp., § 77-4-4, enacted by Laws 1967, ch. 16, § 30; 1977, ch. 247, § 202; 1980, ch. 151, § 45.

NMSA 1978, § 22-5-8 Term of office

22-5-8. Term of office A. The full term of office of a member of a local school board shall be four years succeeding the member's election to office at a regular local election held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. B. Any member of a local school board whose term of office has expired shall continue in that office until a successor is elected and qualified. 1953 Comp., § 77-4-5, enacted by Laws 1967, ch. 16, § 31; 1985, ch. 142, § 3; 1993, ch. 226, § 15; 2018, ch. 79, § 88.

NMSA 1978, § 22-5-9 Local school board vacancies

22-5-9. Local school board vacancies A. A vacancy occurring in the membership of a local school board shall be filled at an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified elector to fill the vacancy. B. A qualified elector appointed to fill a vacancy occurring in the membership of a local school board shall hold that office until the next regular school district election when an election shall be held to fill the vacancy for the unexpired term. C. If a qualified elector is not appointed to fill the vacancy within forty-five days from the date the vacancy occurred, the department shall appoint a qualified elector to fill the vacancy until the next regular school district election. D. In the event vacancies occur in a majority of the full membership of a local school board, the department shall appoint qualified electors to fill the vacancies. Those persons appointed shall hold office until the next regular school district election when an election shall be held to fill the vacancies for the unexpired terms. 1953 Comp., § 77-4-6, enacted by Laws 1967, ch. 16, § 32; 1979, ch. 335, § 4; 2015, ch. 145, § 97.

NMSA 1978, § 22-5-9.1 Oath of office

22-5-9.1. Oath of office All elected or appointed members of local school boards shall take the oath of office prescribed by Article 20, Section 1 of the constitution of New Mexico. Laws 1979, ch. 335, § 7.

NMSA 1978, § 22-5-10 Publications; advertisements

22-5-10. Publications; advertisements Except where otherwise specifically provided, whenever a local school board is required by law to make a publication or advertisement, the publication or advertisement shall be published in English in any newspaper published in the school district having general circulation within the school district. If there is no such newspaper, any newspaper published in the state having general circulation in the school district. 1953 Comp., § 77-4-7, enacted by Laws 1967, ch. 16, § 33.

NMSA 1978, § 22-5-11 School district salary system

22-5-11. School district salary system A. Prior to the beginning of each school year, each local superintendent shall file with the department the school district salary system, which salary system shall incorporate any salary increases or compensation measures specifically mandated by the legislature. Salaries for teachers and school administrators shall be aligned with the licensure framework provided for in the School Personnel Act [Chapter 22, Article 10A NMSA 1978]. B. A local superintendent shall not reduce the school district salary system established pursuant to Subsection A of this section without the prior written approval of the state superintendent [secretary]. The state superintendent shall give written notice to the legislative finance committee, the legislative education study committee and the department of finance and administration of approved reduction of any school district's salary system, including the reasons for the request for reduction and the grounds for approval. 1978 Comp., § 22-5-11, enacted by Laws 1986, ch. 33, § 12; 1993, ch. 226, § 16; 2003, ch. 153, § 23.

NMSA 1978, § 22-5-12 Local school boards; vacant or vacated offices

22-5-12. Local school boards; vacant or vacated offices A. A local school board shall hold at least one regular meeting each month of the calendar year. B. The office of any member of a local school board, if the member misses four consecutive regular meetings, may be declared vacant by a majority vote of the remaining members of the local school board. C. The office of any member of a local school board, if the member misses six consecutive regular meetings, shall be vacant. D. Any vacancy of an office on a local school board created pursuant to this section shall be filled in the same manner as other vacancies on a local school board are filled. Any member of a local school board who has his office declared vacant or vacated pursuant to this section shall not be eligible for appointment to the local school board until the term for which he was originally elected or appointed has expired. E. As used in this section "regular meeting" means a meeting of the members of a local school board at which at least a quorum is present, about which notice has been published and at which normal school district business is transacted. 1953 Comp., § 5-3-1.1, enacted by Laws 1967, ch. 131, § 1; 1979, ch. 335, § 2; 1978 Comp., § 10-3-2, recompiled as § 22-5-12 by Laws 1993, ch. 226, § 53.

NMSA 1978, § 22-5-13 Local school board mandatory training

22-5-13. Local school board mandatory training A. The department shall develop a mandatory training course for local school board members that explains department rules, policies and procedures, statutory powers and duties of local school boards, legal concepts pertaining to public schools, finance and budget and other matters deemed relevant by the department. The department shall notify local school board members of the dates of the training course, the last of which shall not be later than three months after a local school board election. B. Local school board members in their first term shall complete at least ten hours of mandatory training during their first year serving on the board. Training for new local school board members shall include: (1) at least two hours covering laws and department policies and procedures affecting local school boards or public schools, including ethics and school personnel; (2) at least two hours covering public school finance, budgeting and fiduciary responsibilities of local school boards; (3) at least two hours covering legal concepts pertaining to local school boards and school districts, including the Open Meetings Act [Chapter 10, Article 15 NMSA 1978] and the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]; (4) at least two hours covering effective governance practices and effective methods of supporting and supervising the local superintendent; and (5) at least two hours covering student achievement and student support services. C. Mandatory training for all other local school board members shall include at least five hours per year and shall cover: (1) laws and department policies and procedures affecting local school boards or public schools, including ethics and school personnel; (2) public school finance, budgeting and fiduciary responsibilities of local school boards and performance-based budgeting; (3) a local school board's role in evaluating and improving student academic achievement and using data to set individual school goals for student academic achievement in each of the school district's public schools; (4) a local school board's role in providing a safe learning environment conducive to improving student outcomes; (5) legal concepts pertaining to local school boards and school districts, including the Open Meetings Act and the Inspection of Public Records Act; (6) effective governance practices and effective methods of supporting and supervising the local superintendent; and (7) other matters deemed relevant by the department. 1978 Comp., § 22-5-13, enacted by Laws 2003, ch. 153, § 24; 2024, ch. 43, § 5.

NMSA 1978, § 22-5-14 Local superintendent; powers and duties

22-5-14. Local superintendent; powers and duties A. The local superintendent is the chief executive officer of the school district. B. The local superintendent shall: (1) carry out the educational policies and rules of the state board [department] and local school board; (2) administer and supervise the school district; (3) employ, fix the salaries of, assign, terminate or discharge all employees of the school district; (4) prepare the school district budget based on public schools' recommendations for review and approval by the local school board and the department. The local superintendent shall tell each school principal the approximate amount of money that may be available for his school and provide a school budget template to use in making school budget recommendations; and (5) perform other duties as required by law, the department or the local school board. C. The local superintendent may apply to the state board [department] for a waiver of certain provisions of the Public School Code [Chapter 22 [except Article 5A] NMSA 1978] 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 public school. 1978 Comp., § 22-5-14, enacted by Laws 2003, ch. 153, § 25.

NMSA 1978, § 22-5-15 Collaborative school improvement programs

22-5-15. Collaborative school improvement programs A. A local superintendent may approve an individual public school's plan to implement a collaborative school improvement program upon a finding that the plan is in the best interest of the public school and is supported by the participating teaching staff. B. The input and concerns of parents, students, school employees and members of the community shall be solicited and considered in the development and adoption of a collaborative school improvement program. C. If necessary for the implementation of a collaborative school improvement program, the local superintendent may apply to the state board [department] for a waiver of Public School Code [Chapter 22 [except Article 5A] NMSA 1978] provisions relating to length of school day, staffing patterns, subject areas or purchase of instructional material. The state board may approve a request for a waiver upon a finding that the local superintendent has demonstrated accountability for student learning through alternative planning and that the participating teaching staff supports the implementation of a collaborative school improvement program. The local superintendent shall provide the state board with a program budget that shows the type and number of students served, the type and number of school employees involved and all expenditures of the waiver. D. A teacher participating in the development and implementation of a collaborative school improvement program may contact the state board [department] to comment on the local superintendent's waiver request if the teacher communicated his opinion in writing to the local superintendent at the time the local superintendent approved implementation of the program. 1978 Comp., § 22-5-4.6, enacted by Laws 1990, ch. 52, § 3; 1993, ch. 226, § 14; recompiled and amended as § 22-5-15 by Laws 2003, ch. 153, § 26.

NMSA 1978, § 22-5-16 Advisory school councils; creation; duties

22-5-16. Advisory school councils; creation; duties A. Each public school shall create an advisory "school council" to assist the school principal with school-based decision-making and to involve parents in their children's education. B. A school council shall be created and its membership elected in accordance with local school board rule. School council membership shall reflect an equitable balance between school employees and parents and community members. At least one community member shall represent the business community, if such person is available. The school principal may serve as chairman. The school principal shall be an active member of the school council. C. The school council shall: (1) work with the school principal and give advice, consistent with state and school district rules and policies, on policies relating to instructional issues and curricula and on the public school's proposed and actual budgets; (2) develop creative ways to involve parents in the schools; (3) where appropriate, coordinate with any existing work force development boards or vocational education advisory councils to connect students and school academic programs to business resources and opportunities; and (4) serve as the champion for students in building community support for schools and encouraging greater community participation in the public schools. 1978 Comp., § 22-5-16, enacted by Laws 2003, ch. 153, § 27.

NMSA 1978, § 22-5-17 Private use of school facilities; policy; insurance

22-5-17. Private use of school facilities; policy; insurance The local school board of a school district that is not a participant under the Public School Insurance Authority Act [Chapter 22, Article 29 NMSA 1978]: A. shall, by rule, establish a policy to be followed relating to the use of volunteers. The policy shall be distributed to each school in the district and posted upon the school district's web site; B. shall, by rule, establish a policy to be followed relating to the use of school facilities by private persons. The policy shall be distributed to each school in the district and posted upon the school district's web site; and C. may insure, by negotiated policy, self-insurance or any combination thereof, against claims of bodily injury, personal injury or property damage related to the use of school facilities by private persons; provided that the coverage shall be for no more than one million dollars ($1,000,000) for each occurrence. Laws 2009, ch. 198, § 2.

NMSA 1978, § 22-5-18 Local school board authority over who may carry a firearm on school premises

22-5-18. Local school board authority over who may carry a firearm on school premises Only a local school board has the authority to authorize school security personnel to carry a firearm on any public school premises or other school district property. The decision shall be made in an open meeting and shall be formalized as a policy of the board. Laws 2019, ch. 189, § 1.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18522/index.doFetched: 10/20/2026