N.M. Stat. § 22-2-14 (2026)

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 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 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 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 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 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 superintendent or school
principal when the local school board, 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.

   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. The provisions of this section shall be invoked at any time the secretary, after
consultation with the commission, finds the school district or public school has failed to
attain and maintain the requirements of law or department standards and rules.

    H. The commission shall consult with the secretary and may recommend alternative
actions for the secretary's consideration.

   I. A local school board, 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.

History: 1953 Comp., § 77-6-10, enacted by Laws 1967, ch. 16, § 64; 1969, ch. 180, §
7; 1972, ch. 89, § 1; reenacted by 1978, ch. 129, § 1; 1979, ch. 52, § 1; 1988, ch. 64, §
12; 2003, ch. 153, § 8; 2004, ch. 27, § 18.

                                     ANNOTATIONS

Cross references. — For courses of instruction generally, see 22-13-1 NMSA 1978 et
seq.

The 2004 amendment, effective May 19, 2004, amended Subsections B, C, D, E and F
to change "state superintendent" and "state board" to "department" and added a new
Subsection H.

The 2003 amendment, effective April 4, 2003, substituted "Local school boards; public
schools; suspension" for "Education requirements; enforcement" at the beginning of the
catchline; in Subsection A substituted "rules" for "regulations" following "standards and"
near the beginning and inserted "local superintendent and school principal, as
applicable" following "local school board" near the middle; inserted "local superintendent
and school principal, as applicable" following "local school board" near the end of
Subsection B; in Subsection C inserted "local superintendent or school principal"
following "local school board" near the middle and inserted "local superintendent or
school principal" following "local school board," near the end; in Subsection D inserted
"local superintendent or school principal" following "local school board" near the
beginning and near the middle, and substituted "the suspension should not be put into
effect" for "it should not be suspended" following "show cause why" near the end; in
Subsection E inserted "local superintendent or school principal" following "local school
board" once near the beginning and once near the middle, and inserted "or public
school" following "school district" near the middle; in Subsection F inserted "local
superintendent or school principal" following "local school board" near the beginning
and near the middle and at the end, and substituted "the local school" for "that"
following "responsibilities of" near the end; and in Subsection G inserted "or public
school" following "school district" near the middle and substituted "rules" for
"regulations" at the end.

The 1988 amendment, effective May 18, 1988, deleted former Subsection C which
read "A copy of all disapproval notices shall be sent to the director" and redesignated
succeeding subsections accordingly; deleted "and director" following "state
superintendent" in the second sentence in present Subsection C and in Subsection F;
inserted "school" preceding "district" in present Subsection E; substituted "local school
board" for "local board of education" in present Subsection F; and made minor stylistic
changes throughout the section.