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2018 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 13 - Community Colleges
Section 21-13-21 - Addition of school districts to existing community college districts.

Universal Citation:
NM Stat § 21-13-21 (2018)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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21-13-21. Addition of school districts to existing community college districts.

A. The qualified electors within the territorial limits of a school district, group of school districts within a county or school districts in an adjoining county, not included in the community college district as originally formed, may petition the commission on higher education [higher education department] to be added to the community college district. The commission [department] shall examine the petition and, if it finds that the petition is signed by the requisite number of qualified electors as provided in Sections 21-13-4 and 21-13-5 NMSA 1978 [repealed], the commission [department] shall cause a survey to be made of the petitioning district to determine the desirability of the proposed extension of the area of the community college district.

B. In conducting the survey, the commission on higher education [higher education department] shall ascertain the attitude of the community college board and collect other information as prescribed in Section 21-13-5 NMSA 1978 [repealed]. If on the basis of the survey the commission [department] finds that the proposed addition of the petitioning district will promote an improved education service in the area, it shall approve the petition. Thereafter, the commission [department] shall proceed to call an election within the petitioning district and in the established community college district on the question of the inclusion of the area in the community college district. In the election, the procedure prescribed in Sections 21-13-6, 21-13-7 and 21-13-18 NMSA 1978 [repealed] shall be followed.

C. If it appears on canvass of the results of the election in the office of the executive director of the commission on higher education [higher education department] that a majority of the votes cast in each of the petitioning areas and within the established community college district was in favor of the addition of the petitioning area, the executive director shall notify the boards of education within each school district and the community college board of the results of the election and shall declare the extension of the boundaries of the community college district to include the petitioning area in which the proposed addition referendum carried by a majority vote. The addition shall take effect on the next succeeding July 1.

D. The territory within each school district added to any existing community college district shall automatically be subject to any special levy on taxable property approved for the community college district for the maintenance of facilities and services and for support of bond issues.

History: 1953 Comp., § 73-33-16, enacted by Laws 1963, ch. 17, § 16; 1964 (1st S.S.), ch. 16, § 11; 1980, ch. 53, § 13; 1985, ch. 238, § 21; 1999, ch. 219, § 5.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2005, ch. 289, § 29 provided that all references to the commission on higher education be construed to be references to the higher education department.

Laws 1998, ch. 61, § 16 repealed 21-13-4, 21-13-5, 21-13-6 and 21-13-7 NMSA 1978, effective March 9, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.

Laws 1995, ch. 224, § 29 repealed 21-13-18 NMSA 1978, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.

Cross references. — For executive director of the commission on higher education, see 21-1-30 NMSA 1978.

The 1999 amendment, effective July 1, 1999, substituted references to the commission on higher education for "board of educational finance" throughout; substituted "district" for "area" in the second and third sentences in Subsection B; and substituted "executive director" for "executive secretary" in two places in Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 29 to 43.

Unionization, centralization or consolidation of school districts as affecting indebtedness and property of the individual districts, 121 A.L.R. 826.

78 C.J.S. Schools and School Districts § 18 et seq.

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