School board authority in New Mexico: Difference between revisions
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|New Mexico is the only state that allows school districts to apply to the state board of education to be a [[#Charter schools|charter school district]]. School districts can enter five-year contracts with the Department of Education to become charter districts.<ref name=charter/> | |New Mexico is the only state that allows school districts to apply to the state board of education to be a [[#Charter schools|charter school district]]. School districts can enter five-year contracts with the Department of Education to become charter districts.<ref name=charter/> | ||
|New Mexico school boards are given sole authority to set [[#School board authority over firearm policy|policy regarding firearms for security personnel]].<ref name=firearm/> | |New Mexico school boards are given sole authority to set [[#School board authority over firearm policy|policy regarding firearms for security personnel]].<ref name=firearm/> | ||
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====Cellphone bans==== | ====Cellphone bans==== | ||
:''See also: [[#State cellphone laws| How does New Mexico compare to other states on cellphone laws?]]'' | :''See also: [[#State cellphone laws| How does New Mexico compare to other states on cellphone laws?]]'' | ||
{{SchoolBoardAuthorityStateCellPhonePolicy|statewide law= | {{SchoolBoardAuthorityStateCellPhonePolicy|statewide law=Require district|state=New Mexico}} | ||
===Collective bargaining agreements=== | ===Collective bargaining agreements=== | ||
Latest revision as of 17:48, 5 September 2025
| Education Policy | |
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| Education policy topics | |
| • Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
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| Other policy areas | |
| Click here for coverage of other policy areas on Ballotpedia |
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.
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.
This page features the following sections:
- New Mexico law on school boards' authority over district policy. This section features the statutes in New Mexico law that establish, enable, or define local school district boards.
- 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:
- Collective bargaining agreements
- How does New Mexico compare to other states?
- Parents' bill of rights
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in New Mexico.
School board authority over district policy in New Mexico
Enabling or authorizing statute for the boards of school districts in New Mexico
- See also: Enabling statute
New Mexico Statutes 22-5-4 gives school boards the authority to operate school districts:[3][4]
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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]
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New Mexico's school boards are also granted sole authority to determine firearm policy in New Mexico Statute 22-5-18:[2]
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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:
Curriculum requirements
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.
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]
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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]
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]
Discipline
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]
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School board elections
- See also: Rules governing school board election dates and timing in New Mexico, How does New Mexico compare to other states on school board authority over election timing?
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.
Public school choice and open enrollment
- See also: School choice 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]
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Charter schools
- See also: Charter schools in New Mexico, How does New Mexico compare to other states on school board authority over charter schools?
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]
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Cellphone bans
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]
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Parents' bill of rights
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.
Charter schools
- See also: Charter schools in the United States
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.
State cellphone laws
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.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
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.
Noteworthy events
- 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]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
- Support our work
Footnotes
- ↑ 1.0 1.1 Casetext.com, "N.M. Stat. § 22-8E-4," December 3, 2024
- ↑ 2.0 2.1 Justia Law, "NM Stat. 22-5-18," December 3, 2024
- ↑ Justia Law, "NM Stat. 22-5-1," December 3, 2023
- ↑ 4.0 4.1 Justia Law, "NM Stat. 22-5-4," December 3, 2024
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Source NM, "Judge finds Public Education Department’s 180-day school calendar rule ‘unenforceable’," accessed March 20, 2025
- ↑ Justia Law, "NM Stat. 22-13-1," December 3, 2024
- ↑ NMLegislature.gov, "HB0171," December 3, 2024
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Casetext.com, "N.M. Stat. § 22-15C-5," December 3, 2024
- ↑ Pen.org, "Book Bans," December 3, 2024
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Casetext.com, "N.M. Stat. § 22-5-4.3," December 3, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Casetext.com, "N.M. Stat. § 22-1-4," December 3, 2024
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ ccsdnm.org, "2023-2024 Bargained Master Contract between the Central Consolidated School District and the Central Consolidated Education Association," December 3, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Source NM, "Judge finds Public Education Department’s 180-day school calendar rule ‘unenforceable’," accessed March 20, 2025
