reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-1.1 - Home school students; admission requirements; public post-secondary educational institutions.

In determining the standard of requirements for admission to any public post-secondary educational institution, the board of regents, governing board or community college board shall not require a student who has completed the requirements of a home-based or nonpublic school educational program and who has submitted test scores that otherwise qualify the student for admission to that institution to obtain or submit proof of having obtained a high school equivalency credential. In determining requirements for admission, the board of regents, governing board or community college board shall evaluate and treat applicants from home-based or nonpublic educational programs fairly and in a nondiscriminatory manner.
History:
Laws 1999, ch. 182, § 1; 2015, ch. 122, § 2.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, replaced the term "general education development certificate" with "high school equivalency credential" in the provision relating to admission requirements for home school students to public post-secondary educational institutions; after "otherwise qualify", deleted "him" and added "the student", after "having obtained a", deleted "general" and added "high school", and after "equivalency" deleted "diploma certificate" and added "credential".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-2.1 - Scholarship program established.

A. The department of military affairs shall establish a scholarship program for students who are in the New Mexico national guard. The adjutant general of the department of military affairs shall provide for the administration of the scholarship program and shall establish criteria for scholarship eligibility and award in accordance with rules adopted and promulgated by the department of military affairs. Scholarships awarded may be used at any New Mexico public post-secondary educational institution. Scholarships shall be awarded in an amount and for a duration to be determined by the department.
B. The board of regents of each public post-secondary educational institution shall designate a representative of the institution to coordinate the scholarship program.
History:
Laws 1996, ch. 64, § 1; 2001, ch. 269, § 1; 2001, ch. 274, § 1.
ANNOTATIONS
The 2001 amendment,
, effective June 15, 2001, added Subsection B and the Subsection A designation; in Subsection A, substituted "in the New Mexico national guard" for "New Mexico guard or the New Mexico air national guard" and inserted "in accordance with rules adopted and promulgated by the department of military affairs".
Laws 2001, ch. 269, § 1, effective July 1, 2001, and Laws 2001, ch. 274, § 1, effective June 15, 2001, enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 274, § 1.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and application of statute, regulation, or policy governing home schooling or affecting rights of home-schooled students, 70 A.L.R.5th 169.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-3 - State educational institutions; resident students.

A. For the purpose of tuition payment at the resident student rates at state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, "resident student" includes:
(1) any person not otherwise entitled to claim residence who is a member of the armed forces of the United States or armed forces of a foreign country assigned to active duty within the exterior boundaries of this state; and
(2) the spouse or dependent child of any person who qualifies under Paragraph (1) of this subsection.
B. Assignment to active duty within the exterior boundaries of this state may be established by a certificate of assignment from the commanding officer of the person so assigned.
C. For the purpose of tuition payment at resident student rates at New Mexico highlands university, "resident student" may include any person who is a Native American and a citizen of the United States.
D. For the purposes of tuition payment and budget and revenue calculations, the board of regents of any post-secondary, state educational institution enumerated in Article 12, Section 11 of the constitution of New Mexico may determine that "resident student" includes any Texas resident who resides within a one hundred thirty-five mile radius of that institution.
E. For the purpose of tuition payment and budget and revenue calculations, "resident student" includes any student receiving an athletic scholarship from a post-secondary educational institution set forth in Article 12, Section 11 of the constitution of New Mexico.
F. For the purpose of tuition payment and budget and revenue calculations, "resident student" includes a member of an Indian nation, tribe or pueblo located wholly or partially in New Mexico, regardless of the residence of the member prior to acceptance at a post-secondary educational institution enumerated in Article 12, Section 11 of the constitution of New Mexico for either undergraduate or post-graduate enrollment.
History:
1953 Comp., § 73-30-2.1, enacted by Laws 1970, ch. 47, § 1; 1976 (S.S.), ch. 42, § 1; 1994, ch. 136, § 1; 1996, ch. 66, § 1; 1997, ch. 102, § 2; 2001, ch. 118, § 1; 2005, ch. 155, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added Subsection F to define a "resident student" for tuition payment and budget and revenue calculations to include a member of an Indian nation, tribe or pueblo located in whole or in part in New Mexico, regardless of the residence of the member prior to acceptance at a post-secondary educational institution.
The 2001 amendment,
effective June 15, 2001, inserted "or armed forces of a foreign country" in Paragraph A(1).
The 1997 amendment,
effective June 20, 1997, added Subsection E.
The 1996 amendment,
effective May 15, 1996, added Subsection D.
The 1994 amendment,
effective July 1, 1994, added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Colleges and Universities § 21.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-4.1 - Tuition payments; residents conscripted into military service.

Educational institutions under the exclusive control of the state shall forgive any tuition payments owed by residents of New Mexico enrolled as part-time or full-time students when the student is conscripted, deployed to a remote duty location, or is called into active service as a member of the military reserves or national guard on or after August 1, 1990. Forgiveness of tuition payments under this section shall apply only to tuition payments owed for the semester when a student is conscripted, deployed or called to active military service. When a student has made tuition payments in part or in whole at the time of his conscription, deployment or call to active military service on or after August 1, 1990, the educational institution in receipt of those payments shall give the student a credit for the full amount of the payments when the student re-enrolls in that educational institution at a future date.
History:
Laws 1991, ch. 236, § 1.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-4.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 136, § 3 repealed 21-1-4.2 NMSA 1978, as enacted by Laws 1994, ch. 136, § 2, relating to the resident status of Native Americans at New Mexico highlands university, effective July 1, 1999. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-4.3 - Repealed.

History:
1978 Comp., § 21-1-4.3, enacted by Laws 1996, ch. 71, § 3; 1999, ch. 224, § 1; 2007, ch. 72, § 7; 2007, ch. 73, § 1; 2010, ch. 109, § 1; repealed by Laws 2014, ch. 80, § 10.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 80, § 10 repealed 21-1-4.3 NMSA 1978, as enacted by Laws 1996, ch. 71, § 3, relating to authorization of legislative lottery scholarships for certain educational institutions, effective March 12, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-4.4 - Repealed.

History:
1978 Comp., § 21-1-4.4, enacted by Laws 1996, ch. 71, § 4; repealed by Laws 2014, ch. 80, § 10.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 80, § 10 repealed 21-1-4.4 NMSA 1978, as enacted by Laws 1996, ch. 71, § 4, relating to determination of tuition scholarships and use of lottery tuition fund, effective March 12, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-4.6 - Nondiscrimination policy for admission to any public post-secondary educational institution; nondiscrimination in eligibility for education benefits.

A. A public post-secondary educational institution shall not deny admission to a student on account of the student's immigration status.
B. Any tuition rate or state-funded financial aid that is granted to residents of New Mexico shall also be granted on the same terms to all persons, regardless of immigration status, who have attended a secondary educational institution in New Mexico for at least one year and who have either graduated from a New Mexico high school or received a high school equivalency credential in New Mexico.
History:
Laws 2005, ch. 348, § 1; 2015, ch. 122, § 4.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, replaced the term "general education development certificate" with "high school equivalency credential" in the provision relating to nondiscrimination policies for admission to public post-secondary educational institutions; and in Subsection B, after "high school or received a", deleted "general educational development certificate" and added "high school equivalency credential".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-4.7 - Foster child tuition and fee waiver eligibility; notification.

A. The state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 shall not charge tuition or fees pursuant to Section 21-1-4 NMSA 1978 to a student for whom the children, youth and families department provides certification that the student was in the legal custody of the children, youth and families department pursuant to the Children's Code [Chapter 32A NMSA 1978] or for whom a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services provides certification that the student was in the legal custody of a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services on or after the day of the student's fourteenth birthday, who enrolls in one of the state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 no later than the day of the student's twenty-fifth birthday.
B. The higher education department shall collaborate with the children, youth and families department, the New Mexico Indian nations, tribes or pueblos and the United States department of the interior bureau of Indian affairs division of human services to ensure that middle school and high school students who are or have been in the legal custody of the children, youth and families department, a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services learn about the provisions of this section.
History:
Laws 2014, ch. 62, § 1; 2019, ch. 163, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided foster children greater access to tuition and fee waivers at state educational institutions; in Subsection A, deleted paragraph designation "(1)", deleted former Subparagraph A(1)(a) and subparagraph designation "(b)", after "fourteenth birthday", deleted "and the student's parents' rights were relinquished or terminated at that time", and deleted former Subparagraph A(1)(c) and paragraph designation "(2)".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 24, § 11 repealed 21-1-5 NMSA 1978, as enacted by Laws 1971, ch. 235, § 2, relating to fees, fee increases, and board review, approval and report, effective February 21, 1986.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-6 - Waiving of nonresident differential in tuition rates on a reciprocal basis with other states.

The commission on higher education [higher education department] shall identify those circumstances where the waiving of the nonresident differential in tuition rates, on a reciprocal basis with other states, including the states of the foreign country contiguous to New Mexico, would enhance educational opportunities for New Mexico residents. Relative to the identified circumstances, the commission [department] shall negotiate with the other states involved with the objective of establishing reciprocal agreements for the waiving of the nonresident differential for New Mexico residents attending institutions in other states in exchange for New Mexico institutions waiving the nonresident differential for residents of the other states. Upon successful completion of the negotiations, the commission [department] may identify those classes and numbers of New Mexico residents whose educational opportunities would be enhanced and the number and classes of nonresident students for whom the nonresident differential is to be waived by the New Mexico institutions and may direct that the institutions grant such waivers. The commission [department] shall establish regulations for the administration of the waivers and for the reporting of the cases in which the waivers are given.
History:
1953 Comp., § 73-30-2.4, enacted by Laws 1975, ch. 308, § 1; 1993, ch. 53, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, substituted "commission on higher education" for "board of educational finance" and inserted "including the states of the foreign country contiguous to New Mexico" in the first sentence; substituted "commission" for "board" three times; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-7.1 - Post-tenure review process required.

A. The boards of regents at all state baccalaureate degree-granting educational institutions are authorized to direct the president of the university to institute a periodic post-tenure review process for all tenured faculty.
B. The boards of regents are authorized to direct the president of the university to establish programs designed to assist faculty members in enhancing their teaching skills.
C. The tenured faculty member shall be subject to review every three to five years based on a review of a number of factors, including the following:
(1) an evaluation of the faculty member's teaching;
(2) an evaluation of the faculty member's research and scholarly output; and
(3) an evaluation of the contributions made by the faculty member in the area of public service to the institution and the community.
D. The boards of regents shall ensure that a peer review is afforded the faculty member and that student evaluations are considered in the evaluation of the tenured faculty member's teaching.
E. In the event a faculty member receives an unfavorable evaluation in the area of the faculty member's teaching, the post-tenure review process shall include:
(1) a two-year probation and reevaluation period; and
(2) loss of tenure if, during the subsequent probation and reevaluation period, the faculty member fails to demonstrate improvement in the area of teaching.
History:
Laws 1995, ch. 150, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1995, ch. 150, § 4 contained an emergency clause and was approved April 5, 1995.
Temporary provisions.
— Laws 1995, ch. 150, § 3, effective April 5, 1995, provided that the board of regents of all state baccalaureate degree-granting educational institutions shall study the options, advantages and disadvantages of developing a procedure for granting tenure based solely on a faculty member's teaching ability.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-7.2 - Reporting; commission on higher education [higher education department].

Each board of regents shall file annually a report on the post-tenure review process instituted at the institution.
History:
Laws 1995, ch. 150, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Emergency clauses.
— Laws 1995, ch. 150, § 4 contained an emergency clause and was approved April 5, 1995.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-7.3 - Temporary provisions; tenure study.

The boards of regents of all state baccalaureate degree-granting educational institutions shall study the options, advantages and disadvantages of developing a procedure for granting tenure based solely on a faculty member's teaching ability.
History:
Laws 1995, ch. 150, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 1995, ch. 150, § 4 contained an emergency clause and was approved April 5, 1995.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-8 - [Eligibility for retirement pension.]

When any member of the faculty or other employee of any one of said institutions shall have taught or rendered service for not less than twenty (20) years in the schools of this state, the last ten (10) years of which service shall have been rendered at the institution retiring such person, and when such person shall have reached or passed the age of sixty (60) years, he or she shall have the right to request retirement and receive thereafter the full pension provided by this act, and after any such person who has rendered the service hereinabove described shall have reached or passed the age of sixty-five (65) years, the regents or governing body of said institution shall have the right in their discretion to order the retirement of such person with the maximum pension hereinabove set forth; provided, that when any member of the faculty or other employee of any one of said institutions shall have taught or rendered service for not less than twenty-five (25) years in the same institution, such person shall be eligible to request retirement and receive the pension provided when he or she shall have reached or passed the age of fifty-five (55) years.
History:
Laws 1941, ch. 210, § 3; 1941 Comp., § 55-2806; 1943, ch. 51, § 1; 1945, ch. 131, § 1; 1953 Comp., § 73-30-4.
ANNOTATIONS
Compiler's notes.
— "This act" refers to Laws 1941, ch. 210, §§ 1 to 6. Sections 1, 2, 4 to 6, were repealed by Laws 1945, ch. 50, § 12, leaving 21-1-8 NMSA 1978 the only remaining compiled section.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effect of section.
— Even though the amendment by Laws 1945, ch. 131, § 1, of this section is successful, Chapter 131 still cannot be given effect as it is not a complete law, but is rather a provision with respect to the ages of certain persons who under other provisions of the original act (now repealed) were given certain benefits. No person can be retired under Chapter 131. As Laws 1945, ch. 50, is a complete act, eligibility must be determined under that act. 1946 Op. Att'y Gen. No. 46-4883.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60A Am. Jur. 2d Pensions and Retirement Funds §§ 1614, 1615.
Services included in computing period of service for purpose of teachers' seniority, salary, or retirement benefits, 2 A.L.R.2d 1033.
67 C.J.S. Officers and Public Employees §§ 245, 246; 81A C.J.S. States § 113.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-9 - [Expenses of members of boards of regents.]

The members of the several boards of the university of New Mexico [New Mexico state university], the New Mexico college of agriculture and mechanic arts [the New Mexico institute of mining and technology], and the New Mexico insane asylum [the New Mexico behavioral institute of Las Vegas] shall be allowed their actual and necessary traveling expenses in going to and returning from all necessary sessions of their respective boards, and also their necessary expenses while in actual attendance upon the same.
History:
Laws 1889, ch. 138, § 56; C.L. 1897, § 3633; Code 1915, § 5165; C.S. 1929, § 130-1401; 1941 Comp., § 55-2811; 1953 Comp., § 73-30-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Laws 1889, ch. 138, § 56, read "The members of the several boards of the institutions established by this act shall be . . . ." The 1915 compilers inserted the names of the institutions. However, among the institutions created was the New Mexico school of mines, (now the New Mexico institute of mining and technology) which, although omitted by the 1915 compilers, has been inserted in brackets.
Laws 2005, ch. 313, § 5, changed the name of the Las Vegas medical center to the New Mexico behavioral institute of Las Vegas, effective June 17, 2005.
See
23-1-13 NMSA 1978.
New Mexico Const., art. XII, § 11, as repealed and reenacted November 8, 1960, changed the name of the college of agriculture and mechanic arts to the New Mexico state university.
New Mexico Const., art. XII, § 11, as repealed and reenacted November 8, 1960, changed the name of the New Mexico school of mines to the New Mexico institute of mining and technology.
Cross references.
— For Per Diem and Mileage Act,
see
10-8-1 to 10-8-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees §§ 460 to 462.
Public officer's right and duties in respect of mileage and other allowances incident to duties of his office but which represented no actual expense or outlay by him, 81 A.L.R. 493.
Allowance of mileage or traveling expenses to officer as affected by use of his own vehicle for transportation, 112 A.L.R. 172.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-10 - Delegation of authority.

The boards of regents of state educational institutions may delegate authority or functions to officers or subordinate bodies within the state educational institutions as the boards deem proper for the efficient functioning of their respective educational institutions.
History:
Laws 1889, ch. 138, § 58; C.L. 1897, § 3635; Code 1915, § 5167; C.S. 1929, § 130-1402; 1941 Comp., § 55-2812; 1953 Comp., § 73-30-6; 1995, ch. 167, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 226.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-11 - [Allocation of funds.]

Whenever there shall be any money in the hands of the state treasurer to the credit of any of the specific funds set apart for said institutions deemed sufficient by such board to commence the erection of any of the necessary buildings or improvements or pay the running or other expenses of such institution, the state auditor, on the request in writing of any such boards shall, and it is hereby made his duty, to draw his warrant in favor of the treasurer of said board and institution upon the state treasurer against the specific fund belonging to such institution in such sum, not exceeding the amount on hand in such specific fund at such time, as said board may deem necessary: provided, that any such board shall only draw said money as it may be necessary to disburse the same.
History:
Laws 1889, ch. 138, § 59; C.L. 1897, § 3636; Code 1915, § 5168; C.S. 1929, § 130-1403; 1941 Comp., § 55-2813; 1953 Comp., § 73-30-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 5, 35.
14A C.J.S. Colleges and Universities § 41.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-12 - [Annual reports; contents.]

All of the managing boards of the said institutions shall annually, on or before the first day of December, make a full and true report in detail under oath, of all their acts and doings during the previous year, their receipts and expenditures, the exact status of their institution and any other information that they may deem proper and useful or which may be called for by the governor, which said reports shall be made to the governor and he shall transmit the same to the succeeding session of the legislature.
History:
Laws 1889, ch. 138, § 60; C.L. 1897, § 3637; Code 1915, § 5169; C.S. 1929, § 130-1404; 1941 Comp., § 55-2814; 1953 Comp., § 73-30-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
68 Am. Jur. 2d Schools § 62.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-13 - [Ex-officio board memberships of governor and superintendent of public instruction.]

The governor of the state and the superintendent of public instruction, if there be one, shall ex officio be advisory members of all boards of the said institutions, but shall not have the right to vote or be eligible to office therein.
History:
Laws 1889, ch. 138, § 62; C.L. 1897, § 3639; Code 1915, § 5170; C.S. 1929, § 130-1405; 1941 Comp., § 55-2815; 1953 Comp., § 73-30-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Cross references.
— For management of state educational institutions,
see
N.M. Const., art. XII, § 13.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-14 - [Quarterly and special meetings of boards.]

The regular meeting of all said boards shall be held quarterly: provided, that they may hold as many special sessions as they shall deem necessary.
History:
Laws 1889, ch. 138, § 64; C.L. 1897, § 3641; Code 1915, § 5171; C.S. 1929, § 130-1406; 1941 Comp., § 55-2816; 1953 Comp., § 73-30-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-15 - [One member of board to reside in adjacent municipality.]

At least one member of the said several boards shall be a resident of the town or city at or near which the institution is located.
History:
Laws 1889, ch. 138, § 66; C.L. 1897, § 3643; Code 1915, § 5172; C.S. 1929, § 130-1407; 1941 Comp., § 55-2817; 1953 Comp., § 73-30-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-16 - [Public inspection of board records.]

The records of the said boards shall be open at all reasonable times for the inspection of any citizen.
History:
Laws 1889, ch. 138, § 67; C.L. 1897, § 3644; Code 1915, § 5173; C.S. 1929, § 130-1408; 1941 Comp., § 55-2818; 1953 Comp., § 73-30-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
66 Am. Jur. 2d Records and Recording Laws §§ 12 to 30.
76 C.J.S. Records § 60 et seq.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-16.1 - State institutions of higher education; presidential searches.

A. Public records containing the identity of or identifying information relating to an applicant or nominee for the position of president of a public institution of higher education are exempt from inspection under the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
B. At least twenty-one days before the date of the meeting of the governing board of a public institution of higher education at which final action is taken on selection of the person for the position of president of the institution, the governing board shall give public notice of the names of the finalists being considered for the position. The board shall consider in the final selection process at least five finalists. The required notice shall be given by publication in a newspaper of statewide circulation and in a newspaper of countywide circulation in the county in which the institution is located. Publication shall be made once and shall occur at least twenty-one days and not more than thirty days before the described meeting.
C. Postponement of a meeting described in Subsection B of this section for which notice has been given does not relieve the governing body from the requirement of giving notice of a rescheduled meeting in accordance with the provisions of Subsection B of this section.
D. Action taken by a governing body without compliance with the notice requirements of Subsections B and C of this section is void.
E. Nothing in this section prohibits a governing body from identifying or otherwise disclosing the information described in this section.
F. This section may be enforced pursuant to the provisions of the Inspection of Public Records Act.
History:
Laws 2011, ch. 134, § 23.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 134, § 25 made Laws 2011, ch. 134, § 23 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-17 - Interest in contracts by board members or employees prohibited.

No employee or member of a board of regents of a state educational institution shall have direct or indirect financial interest in any contract for building or improving any of that state educational institution or for the furnishing of supplies or services to that institution except as permitted pursuant to the University Research Park and Economic Development Act [Chapter 21, Article 28 NMSA 1978] or the New Mexico Research Applications Act [53-7B-1 to 53-7B-10 NMSA 1978], or unless it complies with provisions of the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978] and the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
History:
Laws 1889, ch. 138, § 68; C.L. 1897, § 3645; Code 1915, § 5174; C.S. 1929, § 130-1409; 1941 Comp., § 55-2819; 1953 Comp., § 73-30-13; Laws 1986, ch. 24, § 1; 1989, ch. 264, § 28; 1999, ch. 148, § 1; 2009, ch. 66, § 13.
ANNOTATIONS
The 2009 amendment,
effective April 2, 2009, added "and Economic Development Act" after "University Research Park" and added "or the New Mexico Research Applications Act".
The 1999 amendment,
effective June 18, 1999, added "or unless it complies with provisions of the Governmental Conduct Act and the Procurement Code" at the end of the paragraph.
Scope of section.
— Members of boards of state institutions, their employees and officials or employees of state, or of any institution or agency thereof, are prohibited from becoming interested in any contract for expenditure of public money or for furnishing supplies to institutions of which they are board members or employees. 1932 Op. Att'y Gen. No. 32-373 (issued prior to 1999 amendment of section).
Insurance policies.
— A member of the board of regents of the state school of mines (now New Mexico institute of mining and technology) may not write an insurance policy on buildings of the institution. 1921 Op. Att'y Gen. No. 21-3195 (issued prior to 1999 amendment of section).
Bidding on supplies.
— A firm of which a trustee is a member may not bid on supplies for a state institution. 1917 Op. Att'y Gen. No. 17-1978 (issued prior to 1999 amendment of section).
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-18 - [No personal liability for official actions.]

Members of the boards of regents of the educational institutions of the state shall not be held personally liable in any action at law based upon a claim for damages arising out of any act or failure to act of that board of regents.
History:
1953 Comp., § 73-30-13.1, enacted by Laws 1957, ch. 156, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Federal preemption.
— As a matter of federal preemption, this section does not confer immunity to board members from suit under a 42 U.S.C § 1983 claim.
Leach v. N.M. Junior Coll.
, 2002-NMCA-039, 132 N.M. 106, 45 P.3d 46, cert. denied, 132 N.M. 83, 44 P.3d 529 (2002).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15 Am. Jur. 2d Colleges and Universities § 41.
Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student, 35 A.L.R.4th 272.
Validity, construction and application of "hazing" statutes, 30 A.L.R.5th 683.
14A C.J.S. Colleges and Universities § 17.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-19 - [Oaths of board members; filing.]

Each and every member of the said boards shall, before entering upon their respective duties, take and subscribe an oath to faithfully and honestly discharge their duties in the premises and strictly and impartially perform the same to the best of their several abilities. Said oath shall be filed with the secretary of state.
History:
Laws 1889, ch. 138, § 69; C.L. 1897, § 3646; Code 1915, § 5175; C.S. 1929, § 130-1410; 1941 Comp., § 55-2820; 1953 Comp., § 73-30-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Cross references.
— For oath of public officer,
see
N.M. Const., art. XX, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 12; 63 Am. Jur. 2d Public Officers and Employees §§ 131, 132.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-20 - Power to hold property.

All of the said institutions, including the New Mexico military institute, shall be entitled to receive all the benefits and donations made and given to similar institutions of learning and charity in other states and territories of the United States, by the legislation of the congress of the United States, or from private individuals or corporations, and for the benefit of said institutions they shall have power to buy and sell or lease or mortgage realty, and do all things that, in the opinion of the several boards, will be for the best interests of said institutions, and are in the line of its object.
History:
Laws 1889, ch. 138, § 70; C.L. 1897, § 3647; Code 1915, § 5176; Laws 1921, ch. 177, § 1; C.S. 1929, § 130-1411; 1941 Comp., § 55-2821; 1953 Comp., § 73-30-15.
ANNOTATIONS
Compiler's notes.
— Laws 1937, ch. 95, § 1, ratified and confirmed any and all "deeds, grants and conveyances heretofore made by any city, town or village in this state to the state of New Mexico conveying land or other property for the use of any institution of this state."
Cross references.
— For restrictions on the sale or other disposition of property by state educational institutions and other state entities,
see
13-6-1 et seq. NMSA 1978.
Property conveyance upheld.
— Arms-length conveyance of property from the New Mexico Military Institute to the New Mexico Military Institute Foundation was proper, and did not violate N.M. Const., art. IX, § 14, prohibiting state aid to private enterprise, where the $250,000 contract price bore a sufficient relationship to the actual value of the property. 1988 Op. Att'y Gen. No. 88-79.
Power to sell real property in board of directors.
— The board of directors of state insane asylum (now New Mexico behavioral institute of Las Vegas) has the power to sell real property. 1935 Op. Att'y Gen. No. 35-1171.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 32, 33, 35, 37.
Implied power of corporation belonging to one of the three classes, religious, charitable, or educational, to promote, or to accept gifts for objects which more appropriately pertain to the purposes of those in one of the other classes, 121 A.L.R. 1526.
14A C.J.S. Colleges and Universities §§ 10 to 14, 17.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-21 - Capital expenditures.

No expenditure shall be made by any state educational institution confirmed by Article 12, Section 11 of the state constitution for the purchase of real property or the construction of buildings or other major structures or for major remodeling projects without prior approval of the proposed purchase or construction or remodeling by the board of educational finance and the state board of finance.
History:
1953 Comp., § 73-30-15.1, enacted by Laws 1971, ch. 235, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 1937, ch. 95, § 1, ratified and confirmed any and all "deeds, grants and conveyances heretofore made by any city, town or village in this state to the state of New Mexico conveying land or other property for the use of any institution of this state."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 35.
14A C.J.S. Colleges and Universities §§ 10, 11, 14.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-21.1 - State educational institutions; adequate parking.

The staff architect of a university, or the commission on higher education [higher education department] in the case of state educational facilities that do not employ a staff architect, shall review all plans for the construction or major enlargement of a state educational facility prior to the execution of a contract for such work and shall certify to the state board of finance that adequate parking is provided for the use of staff employed in the facility, students who attend classes or events in the facility and members of the public reasonably expected to enter the facility. If adequate parking is not provided for, no contract may be entered into.
History:
Laws 2001, ch. 319, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Effective dates.
— Laws 2001, ch. 319, § 24, made Laws 2001, ch. 319, § 22 effective July 1, 2001.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-22 - [Nonsectarian operation required.]

All the said institutions shall forever remain strictly nonsectarian in character, and no creed or system of religion shall be taught in any of them.
History:
Laws 1889, ch. 138, § 71; C.L. 1897, § 3648; Code 1915, § 5177; C.S. 1929, § 130-1412; 1941 Comp., § 55-2822; 1953 Comp., § 73-30-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effect on school for the deaf.
— Neither the constitution nor statutes prohibit religious training given by someone not connected with a state educational institution after school hours. Use of the grounds and property of the institution are subject to control of the governing board. Such religious instruction must be wholly voluntary on the part of the students and entirely dissociated from the curriculum or course of instruction of the institution and its faculty. If use of tax supported institutional grounds or buildings is permitted to one denomination, the same privilege should be granted to all denominations seeking the privilege, without discrimination. 1947 Op. Att'y Gen. No. 47-5075.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
16 Am. Jur. 2d Constitutional Law §§ 465, 466, 481.
Sectarianism in schools, 5 A.L.R. 866, 141 A.L.R. 1144, 45 A.L.R.2d 742.
Validity, under state constitution and laws, of issuance by state or state agency of revenue bonds to finance or refinance construction projects at private, religious-affiliated colleges or universities, 95 A.L.R.3d 1000.
Validity and construction of public school regulation of student distribution of religious documents at school, 136 A.L.R. Fed. 551.
14A C.J.S. Colleges and Universities § 7; 16A C.J.S. Constitutional Law §§ 518 to 521, 523.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-23 - State higher educational institutions; public funds; limitation upon payment for certain purposes.

Public funds shall not be expended for the purpose of paying compensation to any faculty member or employee of a state higher educational institution for any period of absence from his assigned duties with such state higher educational institution unless the period of absence:
A. is a holiday or vacation period established in the published calendar of the institution;
B. comes within the official sick leave or annual leave policies promulgated by the regents of the institution; or
C. is approved by a designated administrative authority according to procedures established for this purpose by the regents.
History:
1953 Comp., § 73-30-32, enacted by Laws 1971, ch. 228, § 2.
ANNOTATIONS
Legislative intent.
— Laws 1971, ch. 228, § 1, provides that it is the intent of this act (Laws 1971, ch. 288) that the appropriate administrative authority shall insure full service be given by the faculty members and employees of a state higher educational institution in keeping with the published calendar of the institution.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 33.
14A C.J.S. Colleges and Universities § 22; 78 C.J.S. Schools § 221 et seq.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-24 - Graduate programs.

None of the funds appropriated in the general appropriations act to the state educational institutions confirmed by Article 12, Section 11 of the state constitution may be used for the support of any program or programs of graduate study beyond the level of the bachelor's degree other than programs that were maintained by each institution previous to September 1, 1954, except by explicit approval of each program by the board of educational finance and the state board of finance prior to such use of the funds.
History:
1953 Comp., § 73-30-33, enacted by Laws 1971, ch. 235, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 1, 32, 35.
14A C.J.S. Colleges and Universities §§ 2, 4, 14, 15.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 273, § 7, repealed 21-1-25 NMSA 1978, relating to out-of-state travel by personnel of state educational institutions.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.1 - Additional duties.

In addition to the duties imposed upon the higher education department in Chapter 21 NMSA 1978, the department shall perform the same planning and budgeting functions for the university of New Mexico hospital as it performs for other post-secondary educational institutions.
History:
Laws 1980, ch. 145, § 2; 2005, ch. 289, § 16; 2015, ch. 23, § 7.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, made a technical correction; changed "by the Post-Secondary Educational Planning Act" to "in Chapter 21 NMSA 1978".
The 2005 amendment,
effective April 7, 2005, changed "board of educational finance" to "higher education department" and changed "Bernalillo county medical center" to "university of New Mexico hospital".