State law vests complete supervision and control of the Rio Rancho School District (“District” or “school district”) in the Rio Rancho Board of Education (“Board”) and specifies the several powers and duties of the Board. The Board also has other powers and duties imposed on it by state law, judicial decisions or regulations of the Public Education Department (“PED”).
Recognizing that Board members cannot provide full-time management of the Rio Rancho Schools and that state law directs the Board to delegate administrative and supervisory functions to a superintendent, the Board hereby delegates to the Superintendent the authority and responsibility to act as its chief administrative officer and to perform all acts and carry out all functions reasonably necessary to assure the efficient and effective operation of the District.
The board expressly delegates to the superintendent the power:
1. To act as hearing officer or hearing authority for the purposes of hearing or reviewing facts, deciding appropriate disciplinary action, or reviewing disciplinary actions of other designated or authorized administrators, consistent with procedures established by state law or regulation or Board policy. Instances in which the Superintendent may exercise such delegation of authority include, but are not limited to, acting as hearing authority, review authority, or disciplinarian in hearings involving long-term supervision or expulsion of public school students pursuant to the provisions contained in NMAC 6.11.2, or such successor regulations as the SBE may adopt. The Superintendent may designate other administrators to perform any of such functions as allowed under the regulations.
2. To effect the immediate and temporary suspension with pay of public school employees, whether certified or non-certified, where the Superintendent in the exercise of his sole discretion determines such immediate action to be, in the best interests of the school district, necessary to preserve the health, safety, or welfare of the students, or other employees of the district, or to assure the continued efficient operation of the District. No appeal to the Board from such action may be had unless the Superintendent also recommends Board action to suspend such employee without pay or to terminate or discharge such employee.
3. To offer employment to prospective school employees.
4. To review grievance resolution proceedings as set forth in Board policy and to determine whether particular issues are not subject to such grievance procedure.
The delegation of authority provided herein may not be used in a manner contrary to state law or regulation or to deny any student or employee rights to which he or she may otherwise be entitled.
The Board may expand the delegation prescribed herein in appropriate circumstances. The enumeration of delegated authorities to the Superintendent shall not be construed to limit the authority of the Superintendent to take such further actions as may be necessary to administer school district programs or to execute Board policy, unless such authority is reserved to the Board by state law.
Reference: NMSA 1978, Section 22-5-4
Rio Rancho Public Schools
Adopted: April 15, 1994
Revised: August 9, 1999
Revised: February 9, 2009