New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS
Part 6 - SUSPENSION OF AUTHORITY OF A LOCAL SCHOOL BOARD
Section 6.30.6.10 - PROCEDURES FOR EMERGENCY SUSPENSION

Universal Citation: 6 NM Admin Code 6.30.6.10

Current through Register Vol. 35, No. 18, September 24, 2024

A. The secretary may suspend a local school board when the local school board has been notified of disapproval and when the department has sufficient reason to believe that the educational process in the school district 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.

B. An emergency suspension may occur before a hearing. As soon as practicable after the secretary suspends a local school board, a public hearing shall be held in accordance with the procedures outlined in 6.30.6.12 NMAC.

C. The secretary shall include in the written notice of disapproval status the following:

(1) a description of the laws, rules, or standards that have not been followed; and

(2) summary of the reasons why the educational process in a local school district has been deemed to be so severely impaired or halted as a result of such severe deficiencies to warrant disapproval status before a public hearing can be held.

D. The notice shall provide the method by which the suspended local school board members may declare their intent to appear for a hearing to show cause why the suspension should not be made permanent.

E. If suspension is ordered before a public hearing can be held, the department shall immediately take control and act in the place of the local school board. The department shall act in lieu of the suspended local school board and shall execute all the legal authority of the local school board until such suspension is removed.

F. The secretary may delegate authority to an individual or individuals to act in lieu of the suspended local school board, provided that any expenses associated with such actions shall be the responsibility of the school district.

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