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New Mexico Statutes Chapter 22. Public Schools § 22-10A-21. Licensed school employees; employment contracts; duration

Current as of January 01, 2024 | Updated by Findlaw Staff

A. All employment contracts between superintendents and licensed school employees shall be in writing on forms approved by the department. These forms shall contain and specify the term of service, the salary to be paid, the method of payment, the causes for discharge during the term of the contract and other provisions required by the rules of the department.

B. All employment contracts between superintendents and licensed school employees shall be for a period of one school year except:

(1) contracts for less than one school year are permitted to fill personnel vacancies that occur during the school year;

(2) contracts for the remainder of a school year are permitted to staff programs when the availability of funds for the programs is not known until after the beginning of the school year;

(3) contracts for less than one school year are permitted to staff summer school programs and to staff federally funded programs in which the federally approved programs are specified to be conducted for less than one school year;

(4) contracts not to exceed three years are allowed at the discretion of the governing authority for superintendents; and

(5) contracts not to exceed three years are allowed at the discretion of the governing authority for licensed school employees in public schools who have been employed for three consecutive school years.

C. Persons employed under contracts for periods of less than one school year as provided in Paragraphs (1) and (2) of Subsection B of this section shall be accorded all the duties, rights and privileges of the School Personnel Act.

D. In determination of eligibility for unemployment compensation rights and benefits for licensed school employees where those rights and benefits are claimed to arise from the employment relationship between governing authorities and licensed school employees, that period of a year not covered by a school year shall not be considered an unemployment period.

E. Except as provided in Section 22-10A-22 NMSA 1978, a licensed school employee employed by contract pursuant to this section has no legitimate objective expectancy of reemployment, and no contract entered into pursuant to this section shall be construed as an implied promise of continued employment pursuant to a subsequent contract.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 22. Public Schools § 22-10A-21. Licensed school employees; employment contracts; duration - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-22-public-schools/nm-st-sect-22-10a-21/

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