2018 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 23 - Post-Secondary Educational Institution Act
Section 21-23-4 - Exceptions.
A. The Post-Secondary Educational Institution Act does not apply to or affect:
(1) a post-secondary educational institution that is established by name as an educational institution by the state through a charter, constitutional provision or other action and is supported in whole or in part by state or local taxation;
(2) an occupational, trade or professional school operating pursuant to any New Mexico occupational licensing law;
(3) a course of instruction provided by an employer to its own employees for training purposes;
(4) institutions that exclusively offer education that is solely avocational or recreational in nature;
(5) a course of instruction or study sponsored by a recognized fraternal, trade, business or professional organization or labor union for the instruction of its members;
(6) chartered, nonprofit religious institutions whose sole purpose is to train students in religious disciplines to prepare them to assume a vocational objective relating primarily to religion;
(7) institutions that exclusively offer instruction at any level from preschool through the twelfth grade;
(8) an institution funded in full or in part by an Indian tribe or pueblo in the state of New Mexico; and
(9) an organization that provides only brief courses of instruction designed to teach specific skills that may be applicable in a work setting but are not sufficient in themselves to be a program of training in employment.
B. An institution, school or program described in this section shall not be entitled to an exemption unless it presents satisfactory evidence to the department that it qualifies.
History: 1953 Comp., § 73-40-4, enacted by Laws 1971, ch. 303, § 4; 1975, ch. 148, § 4; 1994, ch. 108, § 5; 2005, ch. 223, § 2; 2013, ch. 59, § 3.
The 2013 amendment, effective June 14, 2013, exempts post-secondary educational institutions established by the state; in Paragraph (1) of Subsection A, after "post-secondary educational institution", added "that is established by name as an educational institution by the state through charter, constitutional provision or other action and is"; deleted former Paragraph (6) of Subsection A, which exempted regionally accredited private colleges or universities; deleted former Paragraph (7) of Subsection A, which exempted proprietary schools; and in Subsection B, after "satisfactory evidence to the", deleted "commission" and added "department".
The 2005 amendment, effective June 17, 2005, added Subsection A(11) to provide that the Post-Secondary Education Institution Act does not apply to an organization that provides only brief courses designed to teach specific skills.
The 1994 amendment, effective July 1, 1994, substituted "operating pursuant" for "accredited under" in Subsection B; in Subsection F, inserted "regionally accredited college or university that is a" and deleted "or private, accredited colleges or universities" following "colleges or universities"; in Subsection G, deleted "out-of-state" preceding "proprietary" and substituted "21-24-2 NMSA 1978" for "73-41-2 NMSA 1953"; deleted former Subsections H and I, relating to accredited institutions, and renumbered the remaining subsections accordingly; substituted "commission" for "board" in the last paragraph; and made stylistic changes throughout the section.
Law reviews. — For note, "Human Rights Commission v. Board of Regents: Should a University Be Considered a Public Accommodation Under the New Mexico Human Rights Act"? see 12 N.M.L. Rev. 541 (1982).
