On or before the 14th day before the end of the school year of the existing employment contract, or earlier as may be provided by the State Board of Education Rules and Regulations, the board shall serve written notice of reemployment or termination on each licensed school instructor (teacher, counselor, librarian, therapist, and coordinator) employed by the school district.  The notice of reemployment shall be an offer of employment for the ensuing school year.  A notice of termination shall be a notice of intention not to reemploy for the ensuing school year.  Failure of the local school board to serve a written notice of reemployment or termination on a licensed school instructor shall be construed to mean that notice of reemployment has been served upon the person for the ensuing school year according to the terms of the existing employment contract but subject to any additional compensation allowed other licensed school instructors of like qualifications and experience employed by the school district.

Each licensed school instructor shall deliver to the board a written notice of acceptance or rejection of reemployment for the ensuing school year within fifteen days of the following:

1. The date written notice of reemployment is served upon the person; or 
2. The last day of the school year when no written notice of reemployment or termination is served upon the person on or before the last day of the school year. 

Termination

All procedures and required time-lines regarding the rights of terminated certified school instructors referred to in the following paragraphs are detailed in NMSA 1978, 22-10-14, copies of which are on file and available in the superintendent's office and each school building's administration office.

A certified school instructor who has been employed by the district for three consecutive years may be terminated only for a reason that is rationally related to the employee's competence or turpitude or the proper performance of duty and that is not in violation of the employee's civil or constitutional rights.  The employee may request an opportunity to make a statement to the board and may also request in writing the reasons for the termination action, as provided by law.  Neither the local superintendent or administrator nor the local school board or governing authority shall publicly disclose its reasons for termination.

The employee may be granted a hearing before the board of education, as provided by law, under the contention that the decision to terminate was made without just cause.  If the employee is still aggrieved by the decision of the board following the hearing, the law

provides that an appeal may be made to an independent arbitrator for a de novo hearing.  The arbitrator shall decide whether there was just cause for the decision to terminate.

The board may decline to re-employ a certified school instructor with less than three years of consecutive service in the same classification for any reason it deems sufficient.   Upon request of the certified school instructor, the superintendent or administrator shall provide written reasons for the decision to terminate.  The reasons shall not be publicly disclosed by the superintendent, administrator, local school board or governing authority.  The reasons shall not provide a basis for contesting the decision.

Discharge

A certified school employee may be discharged only for a reason that is rationally related to the employee's competence or turpitude or the proper performance of duty and that is not in violation of the employee's civil or constitutional rights.  “Discharge” means the act of severing the employment relationship with a certified school employee prior to the expiration of the current employment contract.

The superintendent shall serve a written notice of intent to recommend discharge on the certified school employee in accordance with the law for service of process in civil actions.  The notice shall state the intent to recommend discharge and the cause for the recommendation, and shall advise the employee of the right to a discharge hearing before the school board. 

The employee may exercise the right to a hearing by giving the superintendent written notice of that election within five working days of the receipt of the notice to recommend discharge. 

All details pertaining to the employee's rights and the procedures to be followed are detailed in, state statutes, copies of which are on file and available in the superintendent's office and each school building's administration office.

Adopted: April 14, 1994
Rio Rancho Public Schools
Revised:  August 9, 1999