Atencio V. Board Of Education Of Penasco Independent School District No. 4

This matter is before this Court through certification from the United States District Court for the District of New Mexico, Honorable Santiago Campos, District Judge, pursuant to Section 34-2-8, N.M.S.A. 1978 (Repl. Pamp. 1981). Wells v. County of Valencia, 98 N.M. 3, 644 P.2d 517 (1982); Langham v. Beech Aircraft Corporation, 88 N.M. 516, 543 P.2d 484 (1975). This is a case of first impression involving an interpretation of the Certified School Personnel Act, Sections 22-10-1 through 22-10-26, N.M.S.A. 1978 (Cum. Supp. 1982). The case of Victor B. Atencio v. Board of Education of Penasco Independent School District, No. 4, et al, No. CIV 79-658(C) is a lawsuit by a tenured teacher who became an administrator in the Penasco Independent School District and who was later refused reemployment as a teacher after he was discharged as Superintendent of that district. Mr. Atencio alleged that notwithstanding his employment and discharge as Superintendent he nonetheless retained teacher tenure rights in the school district. He further alleged that when the school district sought to deny him reemployment as a tenured teacher without providing him a hearing pursuant to Section 22-10-15, he was deprived of a property right without due process of law.