22-5-6. Nepotism prohibited.

A. A local superintendent shall not initially employ or approve the initial employment in any
capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-
law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the
local school board or the local superintendent. The local school board may waive the nepotism
rule for family members of a local superintendent.
B. Nothing in this section shall prohibit the continued employment of a person employed on or
before July 1, 2008.
History: 1953 Comp., § 77-4-3.1, enacted by Laws 1971, ch. 199, § 1; 1981, ch. 86, § 1; 2003,
ch. 153, § 22; 2009, ch. 195, § 1.

22-5-6. Nepotism prohibited.

A. A local superintendent shall not initially employ or approve the initial employment in any
capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-
law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the
local school board or the local superintendent. The local school board may waive the nepotism
rule for family members of a local superintendent.
B. Nothing in this section shall prohibit the continued employment of a person employed on or
before July 1, 2008.
History: 1953 Comp., § 77-4-3.1, enacted by Laws 1971, ch. 199, § 1; 1981, ch. 86, § 1; 2003,
ch. 153, § 22; 2009, ch. 195, § 1.

TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 10 PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL

REQUIREMENTS

PART 6 PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT

MARKETING;

DEFINITION OF “LEGITIMATE EDUCATIONAL PURPOSES”

6.10.6.1 ISSUING AGENCY: Public Education Department

[12-31-98, 07-30-99; 6.10.6.1 NMAC - Rn, 6 NMAC 1.3.1.1, 12-29-00; A, 11-13-09]

6.10.6.2 SCOPE: This rule applies to local school boards, local school districts,
and public schools.

[12-31-98; 6.10.6.2 NMAC - Rn, 6 NMAC 1.3.1.2, 12-29-00; A, 11-13-09]

6.10.6.3 STATUTORY AUTHORITY: This rule is adopted pursuant to Sections
22-2-1 and 22-21-2, NMSA 1978.

[12-31-98; 6.10.6.3 NMAC - Rn, 6 NMAC 1.3.1.3, 12-29-00; A, 11-13-09]

6.10.6.4 DURATION: Permanent

[12-31-98; 6.10.6.4 NMAC - Rn, 6 NMAC 1.3.1.4, 12-29-00]

6.10.6.5 EFFECTIVE DATE: December 31, 1998, unless a later date is cited at
the end of a section.

[12-31-98; 6.10.6.5 NMAC - Rn, 6 NMAC 1.3.1.5, 12-29-00]

6.10.6.6 OBJECTIVE: This rule is intended to define "legitimate educational

purposes" as required by Section 22-1-8, NMSA 1978.

[12-31-98; 6.10.6.6 NMAC - Rn, 6 NMAC 1.3.1.6, 12-29-00; A, 11-13-09]

6.10.6.7 DEFINITIONS:

A. "Legitimate educational purposes" are defined as educational opportunities,

services and/or information offered or provided by accredited educational entities, professional
educational organizations, the armed forces of the United States or labor organizations defined in
the New Mexico Public Employee Bargaining Act conducting lawful organization and collective
bargaining activities.

B. "Personal identifying information" means the names, addresses, telephone

numbers, social security numbers and other similar identifying information about students
maintained by a public school or local school district.

[12-31-98; 6.10.6.7 NMAC - Rn, 6 NMAC 1.3.1.7, 12-29-00]

6.10.6.8 PROHIBITION: No person shall sell or use student, faculty or staff lists
with personal identifying information obtained from a public school or local school district for
the purpose of marketing goods or services directly to students, faculty or staff or their families
by means of telephone or mail. The exceptions to this provision are when a parent or a student
authorizes the release of the students personal identifying information in writing to the public
school or local school district, or for "legitimate educational purposes", as defined in Subsection
A of Section 6.10.6.7 NMAC above.

[12-31-98; 6.10.6.8 NMAC - Rn, 6 NMAC 1.3.1.8, 12-29-00]

HISTORY OF 6.10.6 NMAC:

PRE-NMAC HISTORY: The material in this regulation was derived from that previously filed
with the State Records Center and Archives under: State Board of Education Regulation No. 93-
18, Regulation Relating To The Prohibition On The Sale Or Use Of Student, Faculty And Staff
Lists In Direct Marketing; Definition Of "Legitimate Educational Purposes", filed October 20,
1993.