2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-5 - Instructional material fund.

A. The state treasurer shall establish a nonreverting fund to be known as the "instructional material fund". The fund consists of appropriations, gifts, grants, donations and any other money credited to the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of the Instructional Material Law [22-15-1 to 22-15-14 NMSA 1978].
B. The instructional material fund shall be used for the purpose of paying for the cost of purchasing instructional material pursuant to the Instructional Material Law. Transportation charges for the delivery of instructional material to a school district, a state institution or a private school as agent and emergency expenses incurred in providing instructional material to students may be included as a cost of purchasing instructional material. Charges for rebinding of used instructional material that appears on the multiple list pursuant to Section 22-15-8 NMSA 1978 may also be included as a cost of purchasing instructional material.
History:
1953 Comp., § 77-13-5, enacted by Laws 1967, ch. 16, § 209; 1975, ch. 270, § 5; 1992, ch. 76, § 1; 1997, ch. 100, § 2; 2009, ch. 221, § 4.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2010, in Subsection A, added the last sentence; in Subsection B, after "a private school as agent", deleted "or an adult basic education center".
The 1997 amendment,
effective July 1, 1998, made a stylistic change in Subsection B.
The 1992 amendment,
effective May 20, 1992, inserted "a" preceding "state institution" in the second sentence of Subsection B and added the third sentence of that subsection.
Constitutionality of textbook loan program.
— The Instructional Material Law (IML), §§ 22-15-1 to -14 NMSA 1978, in which the New Mexico public education department purchases textbooks that are loaned free of charge to public and private school students enrolled in first through twelfth grade and in early childhood education programs, does not violate Article IV, Section 31, Article IX, Section 14, or Article XII, Section 3 of the New Mexico constitution. The textbook loan program, which provides a generally available public benefit to students, does not result in the use of public funds in support of private schools as prohibited by Article XII, Section 3, and is consistent with Article IV, Section 31, which addresses appropriations for educational purposes, and Article IX, Section 14, which limits any donation to or in aid of any person, association or public or private corporation.
Moses v. Ruszkowski
, 2019-NMSC-003.
Constitutionality.
— N.M. Const., Art. XII, § 3 expressly prohibits the appropriation of public funds to sectarian, denominational or private schools. The Instructional Material Law, §§ 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, violates N.M. Const., Art. XII, § 3, because the constitutional provision expressly restricts the use of public funds to other than sectarian schools and expressly prohibits the appropriation of educational funds to private schools.
Moses v. Skandera
, 2015-NMSC-036, 367 P.3d 838,
rev'g
2015-NMCA-036, 346 P.3d 396
, vacated sub nom. N.M. Ass'n of Non-public Sch. v. Moses,
137 S.Ct. 2325 (2017) (mem.).
Where petitioners filed a complaint for declaratory judgment against the secretary of the New Mexico public education department seeking a declaration that the state issuing instructional materials to students attending private schools is unconstitutional, the New Mexico supreme court held that the Instructional Material Law, §§ 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, violates N.M. Const., Art. XII, § 3, because the constitutional provision expressly restricts the use of public funds to other than sectarian schools and expressly prohibits the appropriation of educational funds to private schools.
Moses v. Skandera
, 2015-NMSC-036,
367 P.3d 838, rev'g
2015-NMCA-036, 346 P.3d 396,
vacated sub nom. N.M. Ass'n of Non-public Sch. v. Moses,
137 S.Ct. 2325 (2017) (mem.).
The Instructional Material Law (IML), 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, does not violate N.M. Const., art. XII, § 3, because the focus of the IML is not to support private schools, but to provide instructional material for the benefit of students, the program is secular in nature, and the state controls the use and disposition of the instructional material; although the private schools receive some benefit, N.M. Const., art. XII, § 3 will not be interpreted to prohibit indirect and incidental benefit when the legislative purpose of the IML does not focus on support of private schools.
Moses v. Skandera
, 2015-NMCA-036, 367 P.3d 838,
rev'g
2015-NMCA-036, 346 P.3d 396,
vacated sub nom. N.M. Ass'n of Non-public Sch. v. Moses
, 137 S.Ct. 2325 (2017) (mem.).
The Instructional Material Law (IML), 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, does not violate N.M. Const., art. IX, § 14, because under the IML, there is no donation to a private school because there is neither a gift nor an allocation or appropriation of something of value without consideration; although private schools receive possession of the instructional material, as agents for the students, they never have an ownership interest in the instructional material.
Moses v. Skandera
, 2015-NMCA-036, 367 P.3d 838,
rev'g
2015-NMCA-036, 346 P.3d 396,
vacated sub nom. N.M. Ass'n of Non-public Sch. v. Moses
, 137 S.Ct. 2325 (2017) (mem.).
The Instructional Material Law (IML), 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, does not violate N.M. Const., art. IV, § 31, because under the IML, no funds are appropriated to any private school; the mere indirect or incidental benefit to the private schools does not violate N.M. Const., art. IV, § 31.
Moses v. Skandera
, 2015-NMCA-036, 367 P.3d 838,
rev'g
2015-NMCA-036, 346 P.3d 396,
vacated sub nom. N.M. Ass'n of Non-public Sch. v. Moses
, 137 S.Ct. 2325 (2017) (mem.).
The Instructional Material Law (IML), 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, does not violate N.M. Const., art. II, § 11, which serves the same goals as the establishment clause of the first amendment of the United States constitution; the United States supreme court has made clear that textbook and instructional material programs that benefit all children, regardless of the school of their attendance, do not conflict with the establishment clause.
Moses v. Skandera
, 2015-NMCA-036, 367 P.3d 838,
rev'g
2015-NMCA-036, 346 P.3d 396,
vacated sub nom. N.M. Ass'n of Non-public Sch. v. Moses
, 137 S.Ct. 2325 (2017) (mem.).