2017 New Mexico Statutes
Chapter 22 - Public Schools
Article 12 - Compulsory School Attendance
Section 22-12-4 - Right to education.
22-12-4. Right to education.
All school age persons in the state shall have a right to a free public education as follows:
A. except for school age persons who are detained or enrolled in state institutions other than those school age persons provided for in Subsection C of this section, any school age person shall have a right to attend public school within the school district in which he resides or is present;
B. except as provided in Subsection C of this section, the state institution in which a school age person is detained or enrolled shall be responsible for providing educational services for the school age person; and
C. any school age person who is a client as defined in Section 43-1-3 NMSA 1978 in a state institution under the authority of the secretary of the health and environment department [department of health] shall have a right to attend public school in the school district in which the institution, in which he is a client, is located if:
(1) the school age person has been recommended for placement in a public school by the educational appraisal and review committee of the district in which the institution is located; or
(2) the school age person has been recommended for placement in a public school as a result of the appeal process as provided in the special education regulations of the state board [department] of education.
History: 1953 Comp., 77-10-3, enacted by Laws 1967, ch. 16, 171; reenacted by Laws 1978, ch. 211, 10.
