Chapter 22 — Chapter 22

board [department]. A. Upon receipt of a request from a local school board, the state board [department] shall cause a school district survey to be made to study the feasibility of a consolidation. B. A school district survey shall be made by a school district survey committee. T…

To make a school district survey to determine the feasibility of a consolidation, the school district survey committee shall consist of the following members: A. one person designated by the state transportation director from the state transportation division; B. one person appoi…

Members of a school district survey committee shall serve without compensation but shall be entitled to reimbursement of expenses incurred in the performance of committee duties out of funds of the department of education [public education department]. History: 1953 Comp., § 77-3…

The state board [department] may order consolidation according to the recommendations contained in a final report and recommendations of the school district survey committee approved by each local school board of each school district affected by the survey only if it determines t…

History: Laws 1987, ch. 191, § 1; repealed by Laws 2019, ch. 212, § 284.

History: Laws 1987, ch. 191, § 2; repealed by Laws 2019, ch. 212, § 284.

History: Laws 1987, ch. 191, § 3; ; repealed by Laws 2019, ch. 212, § 284.

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

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 elec…

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 withi…

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 te…

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 …

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 matter…

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) emp…

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 concer…

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 b…

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 eac…

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 boar…

ANNOTATIONS Repeals. — Laws 1993, ch. 226, § 54 repealed 22-5-2 NMSA 1978, as enacted by Laws 1969, ch. 103, § 1, containing the purpose of the act, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

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 separ…

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 Su…

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…

ANNOTATIONS Repeals. — Laws 1993, ch. 226, § 54 repealed 22-5-4.1 NMSA 1978, as enacted by Laws 1981, ch. 296, § 1, allowing local school boards to authorize a period of silence at the beginning of the school day, effective July 1, 1993. For provisions of former section, see the …

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 …

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. …

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 insuffic…

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…

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…

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…

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 webcas…

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 office…

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 de…

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…

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]. History: 1978 Comp., § 22-5-4.5, enacted by Laws 1986, ch. 33, § 11.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 26 recompiled and amended former 22-5- 4.6 NMSA 1978, relating to collaborative school improvement programs, as 22-5-15 NMSA 1978, effective April 4, 2003.

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 juris…

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…

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 aft…

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. Histor…

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 …

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 off…

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…

ANNOTATIONS Repeals. — Laws 1993, ch. 226, § 54 repealed 22-5-8.1 NMSA 1978, as enacted by Laws 1983, ch. 237, § 1, concerning the term of office for board members of certain districts, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSourc…

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…

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. History: Laws 1979, ch. 335, § 7.

This act [22-5A-1 to 22-5A-5 NMSA 1978] may be cited as the "School Alcohol-Free Zone Act". History: Laws 2005, ch. 249, § 1.

As used in the School Alcohol-Free Zone Act: A. "alcoholic beverage" means a beverage with no less than one-half percent alcohol and includes wine, beer, fermented, distilled, rectified and fortified beverages; and B. "school grounds" means public elementary and secondary schools…

It is unlawful to possess or consume alcoholic beverages on public school grounds. History: Laws 2005, ch. 249, § 3.

A school shall conspicuously post notices on school grounds stating that possession and consumption of alcoholic beverages is prohibited on school grounds. History: Laws 2005, ch. 249, § 4.

A. A person convicted of consumption or possession of an alcoholic beverage on school property for the first offense is guilty of a petty misdemeanor and subject to a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) and may be ordered to …