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Employee Rights Tip #2

RE-EMPLOYMENT AND TERMINATION FACTS

  1. This information is provided to assist local leaders and representatives with these inquiries about the statutory employment rights of members.

Licensed (Certified) Employees must receive notification of re-employment or termination on or before the last day of the school year. (State Statute 22-10A-22 NMSA 1978)

An offer of continued employment must be accepted or rejected in writing within fifteen (15) days of receipt of the offer. (State Statute 22-10A-23 NMSA 1978)

Classified employees are not required to sign individual employment contracts for each school year and are considered continuously employed unless they receive a notice of intent to terminate employment as described in 22-10A-24 NMSA 1978.

No Employment Notice for Licensed Employees?

If you do not receive a notice of re-employment or termination, you must send a letter to the school board accepting re-employment within fifteen (15) days of the last day of school.

The New Mexico Administrative Code provides additional protection for licensed personnel with three or more years of experience in a school district.  These employees must receive a notice of intent to terminate at least 14 calendar days before the end of a school year.  This langrage in the code is in NMAC 67.2.8, and has been held by the courts as not applicable to employees with less than three years experience; they may still be notified of termination until the last day of a school year.

*** In these, and any other adverse employment situation, be certain to contact your local NEA president immediately to ensure protection of your rights

Employment Termination Facts:

    1. A school employee whose contract has been terminated may request to be given, in writing, the reasons for termination of their employment contract. The request must be made in writing to the Superintendent within five (5) days of receipt of the notice of termination. (State Statute 22-10A-24 A & B NMSA 1978)

    2. Neither the superintendent, administration, nor school board may publicly disclose the reasons for the termination of a school employee’s contract. (State Statute 22-10A-24 A & C NMSA 1978)

    3. The superintendent must provide the reasons within ten (10) work days for an employee with less than three years of service. (State Statute 22-10A-24 A NMSA 1978)

    4. Licensed Employees with less than three consecutive years of service in a school district can have their contract terminated at the end of a school year for any reason the board deems sufficient (State Statute 22-10A-24A NMSA 1978).  Classified are required to reach the third anniversary of their employment to gain due process rights and, thus are simply considered in continuous employment unless terminated.

    5. Any school employee with three or more years of consecutive employment in a school district may only have their employment terminated for "just cause" and they have due process under state law (State Statute 22-10A-24C NMSA 1978)

ALL school employees, except administrators and classified supervisors with district-wide duties, with three consecutive years of service have due process rights.

Due process requires that:

  • The employee may request an opportunity to make a statement to the local school board. In the same letter requesting a board hearing the employee must include a request for the reason(s) for termination. The requests must be made within five (5) work days of receipt of a notice of termination. (State 22-10A-24B NMSA 1978)

  • Within ten (10) work days of receipt of the reasons for termination, the employee must submit to the superintendent a written contention that he/she was terminated without just cause. The statement must specify the grounds for the contention and must include a statement of the facts that support the contention (State Statute 22-10A-24E NMSA 1978)

  • The local school board must meet in no less than five (5) and no more than fifteen (15) work days after the superintendent’s receipt of the statement of contention from the school employee. After the meeting, the board must notify the employee of its decision in writing within five (5) work days. (State Statute 22-10A-24F NMSA 1978)

  • If the school employee is dissatisfied with the decision of the school board, he/she may request an appeal before an independent arbitrator. This written request must be submitted to the superintendent within five (5) work days of receipt of the school board’s decision. The arbitrator’s decision is binding on both parties. (State Statute 22-10A-25 NMSA 1978

 

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