New Mexico Statutes

N.M. Stat. § 22-5-14 (2026)

Local superintendent; powers and duties.

✓ current as of May 2026
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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.

History: 1978 Comp., § 22-5-14, enacted by Laws 2003, ch. 153, § 25.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public
instruction shall be deemed references to the secretary of public education and all
references to the former state board of education or state department of education shall
be deemed references to the public education department. See 9-24-15 NMSA 1978.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2012–2024 · leading case: Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017).
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). · cites it 22× “Consistent with these findings and definitions, House Bill 212 deleted Subsection (D) from Section 22-5-4 quoted above, and adopted a new statute, Section 22-5-14, setting forth powers and duties of the superintendent.”
Herrera ex rel. Herrera v. Schs., 41 F. Supp. 3d 1188 (D.N.M. 2014). · cites it 6× “§ 22 -l-2(H), and imposes on it the duty to "develop educational policies for the school district,” N.”
Lipe v. Albuquerque Pub. Schs. (D.N.M. 2024). · cites it 2× “§ 22-5-14 (1978), and that a “local school board or governing authority of a state agency may terminate a licensed school employee .”
Collins v. Taos Bd. of Educ., 893 F. Supp. 2d 1193 (D.N.M. 2012). · cites it 2× “” NMSA 1978 § 22-5-14(A) (2003). The Court finds that the statutory definition of DeLong’s role, taken together with the evidence that her ongoing dispute with the School Defendants was the subject of intense public interest at the time of her suspension, clearly supports her…”
— N.M. Stat. § 22-5-14(A) — 1 case
Collins v. Taos Bd. of Educ., 893 F. Supp. 2d 1193 (D.N.M. 2012). “” NMSA 1978 § 22-5-14(A) (2003). The Court finds that the statutory definition of DeLong’s role, taken together with the evidence that her ongoing dispute with the School Defendants was the subject of intense public interest at the time of her suspension, clearly supports her…”
— N.M. Stat. § 22-5-14(B)(3) — 1 case
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). “Consistent with these findings and definitions, House Bill 212 deleted Subsection (D) from Section 22-5-4 quoted above, and adopted a new statute, Section 22-5-14, setting forth powers and duties of the superintendent.”
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