45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EDUCATION; REQUIRING A SCHOOL DISTRICT SUPERINTENDENT TO REPORT INFORMATION REGARDING MISCONDUCT TO THE DEPARTMENT OF EDUCATION; PROVIDING PROCEDURES FOR SUSPENSION, REVOCATION OR DENIAL OF RENEWAL OF CERTIFICATES HELD BY CERTIFIED SCHOOL EMPLOYEES; AMENDING SECTIONS OF THE PUBLIC SCHOOL CODE.

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

Section 1. Section 22-10-3.4 NMSA 1978 (being Laws 1997, Chapter 238, Section 2) is amended to read:

"22-10-3.4. KNOWN CONVICTION--RESIGNATION OR DEPARTURE INVOLVING SCHOOL-RELATED MISCONDUCT--REPORTING REQUIREMENT--LIMITED IMMUNITY FROM LIABILITY--PENALTY FOR FAILURE TO REPORT.--

A. A school district superintendent shall report to the department of education any known conviction of a felony or misdemeanor involving moral turpitude of a certified school employee that results in any type of action against the certified school employee.

B. The state board may suspend or revoke a certificate held by a certified school administrator who fails to report a criminal conviction involving moral turpitude of a certified school employee in accordance with Subsection A of this section.

C. An individual who in good faith reports any known conviction of a felony or misdemeanor involving moral turpitude of a certified school employee shall not be held liable for civil damages as a result of the report; provided that the person being accused shall have the right to sue for any damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of any information to an unauthorized person.

D. Notwithstanding the existence of a confidentiality agreement, a school district superintendent shall report to the department of education the identity of a certified school employee who resigns, enters into a settlement agreement or leaves his school employment during or after allegations of school-related misconduct.

E. The state board may suspend or revoke a certificate held by a certified school administrator who fails to report the resignation or departure of a certified school employee in accordance with Subsection D of this section.

F. An individual who in good faith reports the resignation or departure of a certified school employee shall not be held liable for civil damages as a result of the report; provided that the person being accused shall have the right to sue for any damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of any information to an unauthorized person."

Section 2. Section 22-10-22 NMSA 1978 (being Laws 1967, Chapter 16, Section 124, as amended) is amended to read:

"22-10-22. SUSPENSION, [AND] REVOCATION AND DENIAL OF RENEWAL OF CERTIFICATES--APPEAL.--

A. The state board may suspend, [or] revoke or deny renewal of a certificate held by a certified school instructor or administrator for incompetency, immorality or any other good and just cause.

B. A certificate may be suspended, [or] revoked or have its renewal denied only according to the following procedure:

(1) the state board serving written notice of the suspension, [or] revocation or denial of renewal on the person holding the certificate in accordance with the law for service of process in civil actions. The notice of the suspension, [or] revocation or denial of renewal shall state the grounds for the suspension, [or] revocation or denial of renewal of the certificate. The notice of the suspension, [or] revocation or denial of renewal shall describe the rights of the person holding the certificate and include instructions for requesting a hearing before the state board. A hearing shall be requested within thirty days of receipt of the notice of suspension, [or] revocation or denial of renewal. If a hearing is requested, the hearing shall be held not more than ninety days from the date of the request for the hearing;

(2) the state board or its designated hearing officer conducting a hearing that provides the person holding the certificate, or his attorney, an opportunity to present evidence or arguments on all pertinent issues. A transcript shall be made of the entire hearing conducted by the state board or its designated hearing officer; and

(3) the state board rendering a written decision in accordance with the law and based upon evidence presented and admitted at the hearing. The written decision shall include findings of fact and conclusions of law and shall be based upon the findings of fact and the conclusions of law. A written copy of the decision of the state board shall be served upon the person holding the certificate within sixty days from the date of the hearing. Service of the written copy of the decision shall be in accordance with the law for service of process in civil actions or by certified mail to the person's address of record.

C. The [secretary of the] state board [with the approval of the state board] or its designated hearing officer may subpoena witnesses, require their attendance and giving of testimony and require the production of books, papers and records in connection with a hearing held pursuant to the provisions of Subsection B of this section. Also, the state board or its designated hearing officer may apply to the district court for the issuance of subpoenas and subpoenas duces tecum in the name of and on behalf of the state board. For the purpose of investigating a complaint against a person holding a certificate issued by the state board, the board or its designated hearing officer may apply to the district court for an investigative subpoena prior to the issuance of a notice regarding the suspension, revocation or denial of renewal of a certificate.

D. Any person aggrieved by a decision of the state board, after a hearing pursuant to this section, may appeal the decision to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.