Legal Opinion
Aguilera v. Board of Education
New Mexico Court of Appeals
Decided June 2, 2005No. 23895PublishedCited by 7 opinions
1Opinion of the Court
OPINION
VIGIL, J.
{1} This case requires us to decide whether a school board can discharge a certified school teacher before her current employment contract expires solely because of a reduction in force (RIF). We hold that it cannot because a RIF is not “just cause” to discharge a teacher under the existing statutory scheme. We therefore reverse the arbitrator’s decision and remand for proceedings consistent with this opinion.
{2} The employment of school personnel is governed by the School Personnel Act, (the Act) which is now codified at NMSA 1978, §§ 22-10A-1 to -39 (2003) by virtue of 2003…
2Cases cited23 opinions
- Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
- Bd. of Educ. of Carlsbad v. HarrellNew Mexico Supreme Court · 1994
- Atencio v. BOARD OF EDUC. OF PENASCO, ETC.New Mexico Supreme Court · 1982
- Benavidez v. Sierra Blanca MotorsNew Mexico Supreme Court · 1996
- Swisher v. DardenNew Mexico Supreme Court · 1955
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aguilera v. Board of Education of the Hatch Valley SchoolsNew Mexico Supreme Court · 2006
- Valdez v. R-WAY, LLCNew Mexico Court of Appeals · 2010
- National Education Ass'n v. Santa Fe Public SchoolsNew Mexico Court of Appeals · 2015
- State Ex Rel. New Mexico Gaming Control Board v. Ten (10) Gaming DevicesNew Mexico Court of Appeals · 2005
- Termination of Larsen v. Board of EducationNew Mexico Court of Appeals · 2010
2 more not listed; retrieve them via the Exa API.