PED SECRETARY & LOCAL SCHOOL BOARD MEMBERS

HB0185

HOUSE BILL 185

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Susan K. Herrera
and
Brian G. Baca
and
Joy Garratt

and
Debra M. Sariñana

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOLS; AUTHORIZING THE SECRETARY OF PUBLIC
EDUCATION TO REQUIRE A LOCAL SCHOOL BOARD MEMBER TO TAKE
REMEDIAL ACTION IF THE SECRETARY HAS REASONABLE GROUNDS TO
BELIEVE THE MEMBER IS WILLFULLY FAILING TO PERFORM A DUTY
REQUIRED BY A LAW THAT THE SECRETARY IS CHARGED WITH ENFORCING;
AUTHORIZING THE SECRETARY OF PUBLIC EDUCATION TO SUSPEND A
LOCAL SCHOOL BOARD MEMBER IF THE MEMBER FAILS TO TAKE THE
REQUIRED REMEDIAL ACTION AND PROVIDING PROCEDURES FOR THE
SUSPENSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of the Public School Code,
Section 22-2-14.1 NMSA 1978, is enacted to read:

"22-2-14.1. [
NEW MATERIAL
] SUSPENSION OF LOCAL SCHOOL
BOARD MEMBER.--

A. If the secretary has reasonable grounds to
believe a local school board member is willfully failing to
perform a duty required by the Public School Code or any other
law or rule that the secretary is charged with administering or
enforcing, the secretary shall give written notice to the
member that details the member's failures, requires remedial
action and specifies the time during which remedial action
shall be taken, which shall be no less than thirty days.
Copies of the written notice shall be given to the member's
local school board and superintendent.

B. If the local school board member does not take
remedial action during the time specified in the notice
pursuant to Subsection A of this section, the secretary may
suspend the member from the member's office until remedial
action is taken.

C. Upon suspending a local school board member, the
secretary shall immediately give the member written notice of
the grounds for the suspension, the process for the member's
reinstatement and the member's right to request a hearing to
challenge the suspension, which shall be held in accordance
with the procedures provided in the Administrative Procedures
Act. Copies of the written notice shall be given to the
member's local school board and superintendent. If a member
requests a hearing and is aggrieved by the final decision, the
member may appeal the decision in accordance with Section
39-3-1.1 NMSA 1978.

D. During the pendency of a local school board
member's suspension in accordance with this section, the
secretary or the secretary's designee may assume the duties of
the member's office only to vote to break a deadlock in the
approval of the annual budget for the member's school
district."

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