The state board [department] shall prescribe by regulations procedures to be followed by a local school board or the governing authority of a state agency in supervising and correcting unsatisfactory work performance of certified school personnel before notice of intent to discharge is served upon them and by the governing authority of a state agency in supervising and correcting unsatisfactory work performance of certified school instructors before notice of intent to discharge is served upon them. These regulations shall provide that written records shall be kept on all action taken by a local school board or the governing authority of a state agency to improve any person's unsatisfactory work performance and all improvements made in the person's work performance. These written records shall be introduced as evidence at any hearing for the person conducted by the local school board or the governing authority of the state agency.

History: 1953 Comp., § 77-8-18, enacted by Laws 1967, ch. 16, § 123; 1975, ch. 306, § 16; 1986, ch. 33, § 26; 1978 Comp., § 22-10-21, recompiled as § 22-10A-30 by Laws 2003, ch. 153, § 72.

Recompilations. — Laws 2003, ch. 153, § 72 recompiled former 22-10-21 NMSA 1978 as 22-10A-30 NMSA 1978, effective April 4, 2003.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department. See 9-24-15 NMSA 1978.

Section is consistent with Section 22-10-17 NMSA 1978. — Under this section the notice of discharge provided for in Section 22-10-17 NMSA 1978 [now Section 22-10A-27 NMSA 1978] is not to be served until the procedures of the state board regulations have been followed. Morgan v. N.M. State Bd. of Educ., 1971-NMCA-102, 83 N.M. 106, 488 P.2d 1210, cert. denied, 83 N.M. 105, 488 P.2d 1209 (decided prior to 1986 changes to this section and Section 22-10-17 NMSA 1978).

Purpose of work conferences is to allow certified school personnel to work harmoniously with a supervisor to perform appointed tasks adequately. Board of Educ. v. Jennings, 1982-NMCA-135, 98 N.M. 602, 651 P.2d 1037 (specially concurring opinion).

Meaning of "unsatisfactory work performance". Punishment inflicted by a teacher imposed upon children under the teacher's supervision and control and while the teacher was acting as a classroom teacher inflicted in violation of school policy as set forth in the local board handbook comes within unsatisfactory work performance. Morgan v. N.M. State Bd. of Educ., 1971-NMCA-102, 83 N.M. 106, 488 P.2d 1210, cert. denied, 83 N.M. 105, 488 P.2d 1209.

Sexual harassment constitutes "unsatisfactory work performance," therefore requiring work conferences. Board of Educ. v. Jennings, 1982-NMCA-135, 98 N.M. 602, 651 P.2d 1037.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers, 64 A.L.R.4th 642.