National Education Ass'n v. Santa Fe Public Schools
New Mexico Court of Appeals
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} This case requires us to interpret certain provisions of the School Personnel Act. We hold that the “harmless error” provision of NMSA 1978 Section 22-10A-28(L) (2003) applies to allow the late filing of a notice requesting a hearing on a discharge notice, under Section 22-10A-27(B). We therefore affirm the permanent writ of mandamus.
I. Background
{2} On February 26,2013, the superintendent of the Santa Fe Public Schools (SFPS) gave Mirabal a notice of intent to discharge him from his teaching and coaching positions with SFPS. The notice informed Mirabal of his right…
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