Legal Opinion

Alarcon v. Albuquerque Pub. Schs. Bd. of Educ.

New Mexico Court of Appeals

Decided November 30, 2017No. A-1-CA-34843; consolidated with A-1-CA-34424PublishedCited by 10 opinions

1Opinion of the Court

VIGIL, Judge.

{1} These consolidated cases present us with a common question: whether changes made in 2003 to the Public School Code, NMSA 1978, §§ 22-2-1 to - 33-4 (except Article 5A) (1967, as amended through 2017), vest the local superintendent of a school district with plenary power and authority to act on all school personnel matters, to the exclusion of the local school board. The issue is presented in two separate contexts.

{2} In Alarcon v. Albuquerque Public Schools , (No. A-1-CA-34843), (the APS appeal), the district court concluded that the discharge hearing for a certified school…

2Cases cited29 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  3. Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
  4. State Ex Rel. Clark v. JohnsonNew Mexico Supreme Court · 1995
  5. Rick Webb v. Abf Freight System, Inc., a Corporation, and Teamsters Local Union No. 17Court of Appeals for the Tenth Circuit · 1998

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3Cited by10 opinions

  1. Rodriguez v. SanchezNew Mexico Court of Appeals · 2019
  2. N.M. Found. for Open Gov't v. Corizon HealthNew Mexico Court of Appeals · 2019
  3. Communication Workers of Am. v. StateNew Mexico Court of Appeals · 2019
  4. Taylor v. Waste Mgmt. of N.M.New Mexico Court of Appeals · 2021
  5. Communication Workers of Am. v. StateNew Mexico Court of Appeals · 2019

5 more not listed; retrieve them via the Exa API.

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