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 6.30.6.9 - PROCEDURES FOR NON-EMERGENCY SUSPENSION
Current through Register Vol. 35, No. 18, September 24, 2024
A. Before suspending a local school board, the department shall deliver written notification to a local school board of its failure to meet requirements of laws, rules, or standards. The notice shall describe the deficiency or deficiencies.
B. Within 30 calendar days after the receipt of the notice of failure to meet requirements, the local school board shall:
C. At any time prior to the entry of a permanent order of suspension, the secretary shall consult with the public education commission at a public meeting to discuss the reasons for and purpose of the proposed suspension. The commission may recommend other alternatives to suspension, which the secretary may consider in rendering a final decision in the process.
D. If after 30 calendar days from receipt of a notice of failure to meet requirements, the local school board has failed or refused to comply with the specific and attendant requirements set forth in the notice, including submitting a satisfactory plan of compliance to the department, the secretary shall issue an alternative order of suspension that states the cause(s) for the suspension, the effective date and time the suspension will begin, and any other information the secretary deems relevant. The alternative order of suspension shall be delivered to the local school board by physical or electronic mail.
E. 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 conducted by the secretary or their designated hearing officer, at which the local school board may appear and show cause why the suspension should not be put into effect.
F. Members of the suspended local school board shall notify the department in writing of the suspended local school board members' intent to appear and show cause regarding why the suspension should not be put into effect.