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New Mexico state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties New Mexico law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
HIGHLIGHTS
New Mexico is the only state that allows school districts to apply to the state board of education to be a charter school district. School districts can enter five-year contracts with the Department of Education to become charter districts.[1]
New Mexico is one of four states with state laws or executive orders requiring school districts to pass policies on cellphone use, not specifying what the policies must contain.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
State laws commonly restrict or mandate school board policies on certain topics.
Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
Constraints on New Mexico school boards' authority. This section provides an overview of constraints on the school boards' authority in New Mexico. It contains information on the constraints by the following topics:
New Mexico Statutes 22-5-4 gives school boards the authority to operate school districts:[3][4]
“
A local school board shall ... develop educational policies for the school district;[5]
”
New Mexico school boards' powers and duties
New Mexico public school boards of directors are given 15 specific duties or powers to administer the public schools in the New Mexico. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include
Subpoena witnesses or documents for a hearing regarding any powers or duties of the local school board
Offer and pay rewards for information leading to the arrest and conviction or other appropriate discipline of an individual who has stolen, defaced or destroyed school district property
Pre-approve an educational program that will be conducted by a private organization
Authorize school security personnel to carry firearms
The list of the first 14 powers and duties school district boards are charged with appears in New Mexico Statute 22-5-4 and are as follows:[4]
“
NM Stat § 22-5-4 (2023)
A local school board shall have the following powers or duties:
A. subject to the rules of the department, develop educational policies for the school district;
B. employ a local superintendent for the school district and fix the superintendent's salary;
C. review and approve the annual school district budget;
D. acquire, lease and dispose of property;
E. have the capacity to sue and be sued;
F. acquire property by eminent domain pursuant to the procedures provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978];
G. issue general obligation bonds of the school district;
H. provide for the repair of and maintain all property belonging to the school district;
I. for good cause and upon order of the district court, subpoena witnesses and documents in connection with a hearing concerning any powers or duties of the local school board;
J. except for expenditures for salaries, contract for the expenditure of money according to the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978];
K. adopt rules pertaining to the administration of all powers or duties of the local school board;
L. accept or reject any charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the school district or the public school to which it is given;
M. offer and, upon compliance with the conditions of such offer, pay rewards for information leading to the arrest and conviction or other appropriate disciplinary disposition by the courts or juvenile authorities of offenders in case of theft, defacement or destruction of school district property. All such rewards shall be paid from school district funds in accordance with rules promulgated by the department; and
N. give prior approval for any educational program in a public school in the school district that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency.[5]
”
New Mexico's school boards are also granted sole authority to determine firearm policy in New Mexico Statute 22-5-18:[2]
“
NM Stat § 22-5-18 (2023)
Only a local school board has the authority to authorize school security personnel to carry a firearm on any public school premises or other school district property. The decision shall be made in an open meeting and shall be formalized as a policy of the board.[5]
”
Case law:
District Court Judge Dustin Hunter ruled that the New Mexico Public Education Department did not have the authority to require 180 days of instructional time per school year in the state. Hunter ruled that while the state can mandate minimum hour requirements, they cannot impede on local school districts' authority over how they meet the 1,140-hour instructional requirement.[6]
Constraints on New Mexico school boards' authority
This section tracks constraints on school boards specific to New Mexico as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on New Mexico school boards' authority by topic
This section features constraints on New Mexico school boards' authority on policies related to the following topics:
New Mexico requires the following specific topics to be included in each district's curriculum:[7][8]
Reading, language arts, and communication skills
Language other than English
Mathematics
Science
Art and music
Social studies, New Mexico history, US history, geography, and government
Economics and personal financial literacy
Health education and physical education
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.
Federal law and guidance
Federal executive orders:
President Donald Trump (R) issued an executive order (E.O.) on January 29, 2025, entitled Ending Radical Indoctrination in K-12 Schooling, prohibiting federal funding that directly or indirectly facilitates K-12 instruction regarding what the bill calls gender or equity ideology. It directs federal executive agencies, including the U.S. Department of Education, to create a plan to relinquish federal funds from school or teacher certification programs that include what the E.O. called gender ideology or discriminatory equity ideology. The order defined discriminatory equity ideology as ideology that treats individuals as members of preferred or disfavored groups rather than as individuals and minimizes agency, merit, and capability in favor of immoral generalizations.[9]
Book bans, removals, and restrictions
New Mexico school boards have the authority to remove books from school libraries.[10] As of December 2024, there had been zero reported instances of school boards removing material from school libraries in New Mexico.[11]
“
A. A qualified student or person eligible to become a qualified student attending a public school, a state institution or a governmentally controlled school in a grade from the first through the twelfth grade of instruction is entitled to the free use of school library material. A student enrolled in an early childhood education program as defined in Section 22-13-3 NMSA 1978 is also entitled to the free use of school library material.
B. A school district, a state institution or a governmentally controlled school shall purchase school library material as an agent for the benefit of students entitled to the free use of school library material.
C. A school district, a state institution or a governmentally controlled school receiving school library material pursuant to the School Library Material Act is responsible for circulation of the school library material for use by eligible students and for the safekeeping of the school library material.[5]
”
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[12][13][14]
Federal guidance
The U.S. Department of Education’s Office for Civil Rights rescinded all guidance against the removal of books and no longer employed a coordinator to investigate local district book removals as of January 24, 2025. The Department said they believed removing books from school libraries was a question of parental and community judgment, not civil rights, and that the office had no role as it related to book removal.[15]
Parental notification
Ballotpedia could not identify any parental notification requirements in New Mexico statutes, regulations, case law, or collective bargaining agreements.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[16]
New Mexico is one of 47 states that gives school boards authority over district disciplinary policy.
The text of New Mexico Statutes 22-5-4.3 is as follows:[17]
“
A. Local school boards shall establish student discipline policies and shall file them with the department. The local school board shall involve parents, school personnel and students in the development of these policies, and public hearings shall be held during the formulation of these policies in the high school attendance areas within each school district or on a district-wide basis for those school districts that have no high school. No local school board shall allow for the imposition of discipline, discrimination or disparate treatment against a student based on the student's race, religion or culture or because of the student's use of protective hairstyles or cultural or religious headdresses.
B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include in-school suspension, school service, suspension or expulsion. Corporal punishment shall be prohibited by each local school board and each governing body of a charter school.
C. An individual school within a school district may establish a school discipline policy, provided that parents, school personnel and students are involved in its development and a public hearing is held in the school prior to its adoption. If an individual school adopts a discipline policy in addition to the local school board's school district discipline policy, it shall submit its policy to the local school board for approval.
D. All school discipline policies shall define and include a specific prohibition against racialized aggression involving a student or school personnel. Every school district and every charter school shall provide links to the statewide hotline to report racially charged incidents or racialized aggression.
E. No school employee who in good faith reports any known or suspected violation of the school discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of the employee's efforts to enforce any part of the policy.
F. All public school and school district discipline policies shall allow students to carry and self-administer asthma medication and emergency anaphylaxis medication that has been legally prescribed to the student by a licensed health care provider under the following conditions:
(1) the health care provider has instructed the student in the correct and responsible use of the medication;
(2) the student has demonstrated to the health care provider and the school nurse or other school official the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;
(3) the health care provider formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours or school-sponsored activities, including transit to or from school or school-sponsored activities; and
(4) the student's parent has completed and submitted to the school any written documentation required by the school or the school district, including the treatment plan required in Paragraph (3) of this subsection and other documents related to liability.
G. The parent of a student who is allowed to carry and self-administer asthma medication and emergency anaphylaxis medication may provide the school with backup medication that shall be kept in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
H. Authorized school personnel who in good faith provide a person with backup medication as provided in this section shall not be held liable for civil damages as a result of providing the medication.
I. As used in this section:
(1) "cultural or religious headdresses" includes hijabs, head wraps or other headdresses used as part of an individual's personal cultural or religious beliefs;
(2) "protective hairstyles" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, weaves, wigs or head wraps; and
(3) "race" includes traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural or religious headdresses.[5]
”
Federal guidance
President Donald Trump (R) issued an Executive Order (E.O.) titled Reinstating Common Sense School Discipline Policies on April 23, 2025, that required the Secretary of Education, in consultation with the Attorney General, to issue guidance local educational agencies (LEAs) and State educational agencies (SEAs) regarding "school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline," according to the order. The first Trump administration rescinded guidance issued in 2014 under the Obama administration that suggested that higher rates of discipline for racial minorities could be evidence of discrimination and could cause schools to lose federal funding. Trump's 2025 E.O. argued that the guidance "effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone." Though the guidance was rescinded in 2018, the U.S. Department of Education continued to collect data regarding the racial breakdown of disciplinary actions taken across the country. Trump's 2025 E.O. prohibits schools from engaging in what it called racial discrimination in the application of school discipline.[18]
New Mexico is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in New Mexico.
School boards are given the authority to adopt policies regarding enrollment and re-enrollment in public schools including determining the maximum allowable class size. New Mexico school boards are also required to continue admitting students until the maximum allowable class size has been met or exceeded and interdistrict and intradistrict open enrollment are required by law:[19]
“
A. Except as provided by Section 24-5-2 NMSA 1978, and except as provided in Subsection H of this section, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent.
B. A free public school education in those courses already offered to persons pursuant to the provisions of Subsection A of this section shall be available to any person who is a resident of this state and has received a high school diploma or its equivalent if there is available space in such courses.
C. A person entitled to a free public school education pursuant to the provisions of this section may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Attendance for Success Act [22-12A-1 to 22-12A-14 NMSA 1978], may withdraw from a public school at any time.
D. In adopting and promulgating rules concerning the enrollment of students transferring from a home school or private school to the public schools, the local school board shall provide that the grade level at which the transferring student is placed is appropriate to the age of the student or to the student's score on a student achievement test administered according to the statewide assessment and accountability system.
E. A local school board shall adopt and promulgate rules governing enrollment and re-enrollment at public schools other than charter schools within the school district. These rules shall include:
(1) definition of the school district boundary and the boundaries of attendance areas for each public school;
(2) for each public school, definition of the boundaries of areas outside the school district boundary or within the school district but outside the public school's attendance area and within a distance of the public school that would not be served by a school bus route as determined pursuant to Section 22-16-4 NMSA 1978 if enrolled, which areas shall be designated as "walk zones";
(3) priorities for enrollment of students as follows:
(a) first, students residing within the school district, or who will be residing within the school district if the student is a child in a military family who will be attending public school in the school district during the upcoming school year as provided in Subsection H of this section, and within the attendance area of a public school and students who had resided in the attendance area prior to a parent who is an active duty member of the armed forces of the United States or member of the national guard being deployed and whose deployment has required the student to relocate outside the attendance area for custodial care;
(b) second, students who previously attended the public school or are the children of a military family living in temporary housing and are assigned, awaiting placement or pending a move to permanent housing in a different attendance area where the students' family seeks enrollment of the students in either their current school attendance area or the school attendance area of the permanent housing; and
(c) third, all other applicants;
(4) establishment of maximum allowable class size if smaller than that permitted by law; and
(5) rules pertaining to grounds for denial of enrollment or re-enrollment at schools within the school district and the school district's hearing and appeals process for such a denial. Grounds for denial of enrollment or re-enrollment shall be limited to:
(a) a student's expulsion from any school district or private school in this state or any other state during the preceding twelve months; or
(b) a student's behavior in another school district or private school in this state or any other state during the preceding twelve months that is detrimental to the welfare or safety of other students or school employees.
F. In adopting and promulgating rules governing enrollment and re-enrollment at public schools other than charter schools within the school district, a local school board may establish additional enrollment preferences for rules admitting students in accordance with the second and third priorities of enrollment set forth in Subparagraphs (b) and (c) of Paragraph (3) of Subsection E of this section. The additional enrollment preferences may include:
(1) after-school child care for students;
(2) child care for siblings of students attending the public school;
(3) children of employees employed at the public school;
(4) extreme hardship;
(5) location of a student's previous school;
(6) siblings of students already attending the public school; and
(7) student safety.
G. As long as the maximum allowable class size established by law or by rule of a local school board, whichever is lower, is not met or exceeded in a public school by enrollment of first- and second-priority persons, the public school shall enroll other persons applying in the priorities stated in the school district rules adopted pursuant to Subsections E and F of this section. If the maximum would be exceeded by enrollment of an applicant in the second and third priorities, the public school shall establish a waiting list. As classroom space becomes available, persons highest on the waiting list within the highest priority on the list shall be notified and given the opportunity to enroll.
H. Every school district and charter school shall allow military families that will be relocating to a military installation in New Mexico pursuant to an official military order to enroll their children in public school prior to their actual physical presence in the school district. A parent may submit the student's name for any lottery-selected charter school, magnet school or other public school program for which the student qualifies. The school district or charter school shall accept electronic applications for enrollment, including enrollment in a specific school or program with the school district or charter school. The school district or charter school shall provide the applicant with materials regarding academic courses, electives, sports and other relevant information regarding the public school in which the student wants to be enrolled. The public school shall preregister the student in anticipation of the student's enrollment. A student's parent:
(1) shall provide proof of residence in the school district within forty-five days after the published arrival date provided on official military documentation; and
(2) may use any of the following addresses related to the family's military move:
New Mexico is the only state that allows school districts to apply to the state board of education to be a charter school district. School districts can enter five-year contracts with the Department of Education to become charter districts. Ballotpedia did not identify laws in New Mexico giving school boards any authority over whether to allow a new charter school in their district.[1]
“
A. The local school board of a school district that meets the requirements for a charter school district shall enter into a contract with the department establishing its charter to operate as a charter school district for five years.
B. The contract shall reflect all agreements regarding the operation of the charter school district. The terms of the contract may be revised at any time with the approval of both the department and the charter school district.
C. The charter shall include:
(1) assurances that the charter school district shall comply with state laws pertaining to accreditation, state educational standards, assessment and accountability and financial requirements;
(2) a statement of mission and purpose for the operation of the charter school district, including the charter school district's goals and objectives;
(3) evidence that the charter school district's educational and operational plans are economically sound and comply with all state and federal laws and rules;
(4) a description of the charter school district's educational programs and student performance standards and curriculum that must meet or exceed department standards and must be designed to enable each student to achieve those standards;
(5) a description of the way the charter school district's educational program will meet the individual needs of the students, including students with disabilities and students determined to be at risk;
(6) an explanation of the relationship that will exist between the charter school district and its employees and a description of the way the terms and conditions of employment will be addressed with affected employees; and
(7) a description of all waivers from department rules requested and granted.
D. The charter school district shall:
(1) continue to operate as a public, nonsectarian public school district and operate in the same geographic boundaries that existed for the school district prior to becoming a charter school district;
(2) receive state money as provided in the Public School Code [Chapter 22 NMSA 1978];
(3) provide special education services as required by state and federal law;
(4) be liable for timely payment on its bonded indebtedness and subject to the same bonded indebtedness limitations as it was before becoming a charter school district; and
(5) be subject to all state and federal laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.
E. The charter school district shall be accountable to the department for ensuring compliance with its charter and applicable state and federal laws and rules.
F. Employees of a charter school district shall be considered continuous employees without interruption of employment pursuant to the School Personnel Act [Chapter 22, Article 10A NMSA 1978] and shall be afforded procedural due process rights and protection.
G. The governing body of the charter school district shall continue to be the local school board.
NMS § 22-8E-4[5]
New Mexico is one of four states with state laws or executive orders requiring school districts to pass policies on cellphone use, not specifying what the policies must contain.
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[20][21]
New Mexico school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, the 2023-2024 Bargained Master Contract between the Central Consolidated School District and the Central Consolidated Education Association requires the school district to provide a plan period for certain teachers during their work day.[22]
“
D. The District will provide for a planning/preparation period for all secondary level
certified employees equal to the length of an instructional period. These prep periods
shall normally be utilized to prepare for classroom activities, lessons, and other
instructional issues. Employees shall not leave the worksite during their prep
time/normal workday without the approval of their immediate supervisor or designee,
except during their lunch period.
[5]
New Mexico is one of 24 states that does not have a statewide Parents' Bill of Rights.
How does New Mexico compare to other states?
This section compares New Mexico's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
Five states require school boards to establish local boards to review challenges to library books.
Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
School boards in 47 states have authority over disciplinary policy in their district.
School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
School boards in 42 states do not have authority over election timing;
School boards in five states can choose from limited options when to hold school board elections;
School boards in two states can choose from a date range when to hold school board elections;
The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
3 states do not have laws governing charter school authorization.
1 state allows school districts to apply to the state board of education to be a charter school district.
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[23]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
26 states have enacted a statewide Parents' Bill of Rights
24 states have not enacted a Parents' Bill of Rights.
Judge strikes down state 180-day instructional time requirement from New Mexico Public Ed Department (2025): District Court Judge Dustin Hunter ruled that the New Mexico Public Education Department did not have the authority to require 180 days of instructional time per school year in the state. Hunter ruled that while the state can mandate minimum hour requirements, they cannot impede on local school districts' authority over how they meet the 1,140-hour instructional requirement.[24]
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