Local school boards shall have the right to discharge or terminate licensed school personnel when a reduction in school personnel is required as a result of decreased enrollment or a decrease or revision of educational programs or insufficient legislative appropriation or authorization being made by the state and/or federal government, provided that:

1. A. local school boards have a reduction in personnel policy in place and comply with those procedures;
2. B. the discharge or termination is made in accordance with the School Personnel Act (Chapter 22, Article 10A NMSA 1978), any applicable rules and regulations of the department and local board of education, and any applicable collective bargaining agreements; and

3. C. a local school board has considered placement of the licensed school employee in another position, and there is no other position for which that individual is qualified, consistent with the academic necessities of the district.

   [12-31-98; 6.67.3.8 NMAC - Rn, 6 NMAC 4.4.2.8, 12-29-00; A, 10-31-06]

   HISTORY OF 6.67.3 NMAC:

   PRE-NMAC HISTORY: The material in this regulation is derived from that previously filed with the State Records Center and Archives under:

   State Board of Education Regulation No. 70-2, Termination of Tenure Teachers when Reduction in Personnel is Required, filed April 22, 1970;

   State Board of Education Regulation No. 80-1, Termination or Discharge of Certified School Personnel when Reduction in Personnel is Required, filed July 28, 1980;

   Amendment 1 to State Board of Education Regulation No. 80-1, Termination or Discharge of Certified School Personnel when Reduction in Personnel is Required, filed July 16, 1986; and

   Amendment 2 to State Board of Education Regulation No. 80-1, Termination or Discharge of Licensed School Personnel when Reduction in Personnel is Required, filed June 27, 1988.