NMPED News:

 SANTA FE — The New Mexico Public Education Department (NMPED) Wednesday indefinitely suspended the five-member school board for Floyd Municipal Schools.

Here’s what happens next:

• Superintendent Damon Terry is in charge of day-to-day operations for the district.

• Terry will report directly to NMPED Secretary Ryan Stewart until such time as Stewart delegates supervisory responsibility to others.

• The suspended school board members will receive a hearing; they are not required to request one.

• A hearing will be scheduled as soon as practicable, which may be in 60 calendar days.

• NMPED will appoint a hearing officer to schedule and conduct the hearing.

• The hearing will follow procedures outlined in statute, NMSA 1978, Section 22-2-1 et seq., and Rule 6.30.6.9 of the New Mexico Administrative Code.

That process is as follows:

• The hearing may take one day or longer, depending on the number of witnesses, documents and issues raised.
• The department and the suspended board members may give an opening statement of approximately 20 minutes.
• The department will present its witnesses first, followed by school board witnesses.
• Witnesses are sworn in and may testify specifically on the causes stated in the order of suspension. 
• Witnesses may testify if they have personal knowledge of the facts regarding the causes stated in the order of suspension.
• The hearing officer may establish parameters for the testimony of witnesses and may exclude any testimony that is repetitive or not relevant to the causes leading to the order of suspension or the reasons set forth by the board for opposing the suspension.
• The department and the school board have the right to cross-examine witnesses.
• The rules of evidence and rules of civil procedure do not apply to the hearing.
• The parties may give a short closing argument.

• • The court reporter will produce a complete legal transcript of the hearing proceedings and witnesses’ testimonies.
  • Within two business days after the hearing, the hearing officer will submit a report to the Public Education secretary setting forth findings of fact.
  • Within five business days after the hearing date, the secretary will make permanent, modify, or withdraw the order of suspension.
  • The board may appeal the secretary’s decision to the District Court.