reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-1 - Definitions.

As used in Sections 22-14-2 through 22-14-16 NMSA 1978:
A. "vocational education" means vocational or technical training or retraining conducted as part of a program designed to enable an individual to engage in a remunerative occupation. Vocational education may provide but is not limited to guidance and counseling, vocational instruction, training for vocational education instructors, transportation and training material and equipment;
B. "person with a disability" means a person with a physical or mental disability that constitutes a substantial handicap to employment but that is of such a nature that vocational rehabilitation may be reasonably expected to enable the person to engage in a remunerative occupation;
C. "vocational rehabilitation" means services or training necessary to enable a person with a disability to engage in a remunerative occupation. Vocational rehabilitation may provide but is not limited to medical or vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools or equipment, maintenance and training material and equipment; and
D. "federal aid funds" means funds, gifts or grants received by the state under any federal aid for vocational education or vocational rehabilitation.
History:
1953 Comp., § 77-12-1, enacted by Laws 1967, ch. 16, § 191; 2007, ch. 46, § 11.
ANNOTATIONS
Cross references.
— For technical and vocational institute districts,
see
21-16-1 NMSA 1978 et seq.
For development training,
see
21-19-7 NMSA 1978 et seq.
The 2007 amendment,
effective June 15, 2007, amended the section to change a 1953 compilation reference and to make other non-substantive language changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Physical or mental illness as basis of dismissal of student from school, college, or university, 17 A.L.R.4th 519.
When does change in "educational placement" occur for purposes of § 615(b)(1)(C) of the Education for All Handicapped Children Act of 1975 (20 USCS § 1415(b)(1)(C)), requiring notice to parents prior to such change, 54 A.L.R. Fed. 570.
What constitutes services that must be provided by federally assisted schools under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C.A. § 1400 et seq.), 161 A.L.R. Fed. 1
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-2 - Vocational education; state governing authority.

A. The commission is the governing authority and shall establish policies for the conduct of all programs of the state and state plans established relating to vocational education unless otherwise provided by law.
B. The commission is the sole agency of the state for the administration or for the supervision of the administration of any state plan relating to vocational education or for any federal aid funds, except as may otherwise be provided by law.
C. The commission may delegate to the department its administrative functions relating to vocational education.
History:
1953 Comp., § 77-12-2, enacted by Laws 1967, ch. 16, § 192; 2005, ch. 328, § 1.
ANNOTATIONS
Cross references.
— For designation of public education department as the sole educational agency for state for administration or supervision of administration of state plan established for funds received pursuant to federal statutes generally,
see
22-9-2 NMSA 1978.
For the powers and duties of the public education commission and the public education department,
see
N.M. Const., art. XII, § 6, 9-24-4 and 9-24-9 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "state board" to "commission" and deleted "vocational rehabilitation" in Subsections A and B; and added Subsection C to provide that the commission may delegate to administrative functions relating to vocational education to the department.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-2.1 - Vocational rehabilitation; state governing authority.

A. The department is the governing authority and shall establish policies for the conduct of all programs of the state and state plans established relating to vocational rehabilitation, unless otherwise provided by law.
B. The department is the sole agency of the state for the administration or for the supervision of the administration of any state plan relating to vocational rehabilitation, or for any federal aid funds, except as may otherwise be provided by law.
History:
Laws 2005, ch. 328, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 328 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-3 - State agency for vocational education; authority.

The commission is the sole agency of the state for the supervision of the administration of federal aid funds relating to vocational education. The commission may:
A. enter into an agreement with the appropriate federal agency to procure for the state the benefits of the federal statute;
B. establish a state plan, if required by the federal statute, that meets the requirements of the federal statute to qualify the state for the benefits of the federal statute;
C. provide for reports to be made to the federal agency as may be required;
D. provide for reports to be made to the commission or the department from agencies receiving federal aid funds;
E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal aid funds are to be applied;
F. establish standards to which agencies must conform in receiving federal aid funds;
G. give technical advice and assistance to any agency in connection with that agency obtaining federal aid funds;
H. coordinate as required by the federal agency with the state workforce development board; and
I. as required by the federal agency, make available a list of all school dropout, post-secondary and adult programs assisted pursuant to the state plan.
History:
1953 Comp., § 77-12-3, enacted by Laws 1967, ch. 16, § 193; 2005, ch. 328, § 3.
ANNOTATIONS
Cross references.
— For designation of public education department as the sole educational agency for state for administration or supervision of administration of state plan established for funds received pursuant to federal statutes generally,
see
22-9-2 NMSA 1978.
For the powers and duties of the public education commission and the public education department,
see
N.M. Const., art. XII, § 6, 9-24-4 and 9-24-9 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, deleted the former provision that the state board was the sole agency for the administration of federal funds and provided that the commission is the sole agency for the administration of federal funds relating to vocational education; added Subsection H to provide that the commission may coordinate as required by the federal agency with the state workforce development board; and added Subsection I to provide that the commission may as required by the federal agency make available a list of school dropout, post-secondary and adult programs assisted pursuant to the state plan.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-3.1 - State agency for vocational rehabilitation; authority.

The department is the sole agency of the state for the administration or the supervision of the administration of any federal aid funds pertaining to vocational rehabilitation. The department may:
A. enter into an agreement with the appropriate federal agency to procure for the state the benefits of the federal statute;
B. establish a state plan, if required by the federal statute, that meets the requirements of the federal statute to qualify the state for the benefits of the federal statute;
C. provide for reports to be made to the federal agency as may be required;
D. provide for reports to be made to the department from agencies receiving federal aid funds;
E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal aid funds are to be applied;
F. establish standards to which agencies must conform in receiving federal aid funds; and
G. give technical advice and assistance to any agency in connection with that agency obtaining federal aid funds.
History:
Laws 2005, ch. 328, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 328 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-4 - Repealed.

History:
1953 Comp., § 77-12-4, enacted by Laws 1967, ch. 16, § 194; repealed by Laws 2005, ch. 328, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 328, § 9 repealed 22-14-4 NMSA 1978, as enacted by Laws 1967, ch. 16, § 194, relating to the vocational education division, effective June 17, 2005. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-5 - Instructional support and vocational education division; powers; duties.

Subject to the policies of the commission, the instructional support and vocational education division of the department shall:
A. provide vocational education to qualified persons;
B. act as the representative of the commission in administering any state plan or federal aid funds relating to vocational education;
C. cooperate and make agreements with public or private agencies to establish or to maintain a vocational education program;
D. enter into reciprocal agreements with other states to provide vocational education;
E. accept gifts or grants to be used for vocational education;
F. enforce rules for the administration of laws relating to vocational education; and
G. conduct research and compile statistics relating to vocational education.
History:
1953 Comp., § 77-12-5, enacted by Laws 1967, ch. 16, § 195; 1993, ch. 226, § 30; 2005, ch. 328, § 5.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "state board" to "commission" and the "vocational education division" to the "instructional support and vocational education division".
The 1993 amendment,
effective July 1, 1993, inserted "of the department of education" in the introductory paragraph and substituted "enforce" for "adopt" at the beginning of Subsection F.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 226, § 54 repealed 22-14-6 NMSA 1978, as enacted by Laws 1971, ch. 324, § 1, transferring the division of the services for the blind of the health and social services department to the vocational rehabilitation division of the department of education, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-7 - Vocational rehabilitation division; director.

A. The "vocational rehabilitation division" is created within the department.
B. The secretary shall appoint a director of the vocational rehabilitation division to be known as the "director of vocational rehabilitation".
History:
1953 Comp., § 77-12-6, enacted by Laws 1967, ch. 16, § 196; 2005, ch. 328, § 6.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, deleted the former provision in Subsection B that with the approval of the state board, the state superintendent shall appoint a director; provided in Subsection B that the secretary shall appoint a director; and deleted former Subsection C, which provided that the state board may delegate to the vocational rehabilitation division its administrative functions relating to vocational rehabilitation.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-8 - Vocational rehabilitation division; powers; duties.

The vocational rehabilitation division of the public education department shall:
A. provide vocational rehabilitation to qualified individuals;
B. administer any state plan or federal aid funds relating to vocational rehabilitation;
C. cooperate and make agreements with public or private agencies to establish or to maintain a vocational rehabilitation program;
D. enter into reciprocal agreements with other states to provide vocational rehabilitation;
E. accept gifts or grants to be used for vocational rehabilitation;
F. enforce regulations for the administration of laws relating to vocational rehabilitation;
G. conduct research and compile statistics relating to vocational rehabilitation; and
H. ensure that behavioral health services, including mental health and substance abuse services, provided, contracted for or approved are in compliance with the requirements of Section 9-7-6.4 NMSA 1978.
History:
1953 Comp., § 77-12-7, enacted by Laws 1967, ch. 16, § 197; 1989, ch. 88, § 1; 1993, ch. 226, § 31; 1993, ch. 229, § 2; 2004, ch. 46, § 11.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, added Subsection H and made other minor amendments.
The 1993 amendment,
deleted former Subsection H, which read "coordinate programming related to the transition of persons with disabilities from secondary and post-secondary education programs to employment or vocational placement" and made grammatical changes.
The 1989 amendment,
effective June 16, 1989, added Subsection H.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-9 - Custody of funds; budgets; disbursements.

A. The state treasurer shall be the custodian of all federal aid funds. The state treasurer shall hold these funds in separate accounts according to the purposes of the funds.
B. All state funds, federal aid funds or grants to the state relating to vocational education shall be budgeted and accounted for as provided by law and by the rules of the department of finance and administration. These funds or grants shall be disbursed by warrants of the department of finance and administration on vouchers issued by the director of the instructional support and vocational education division or the director's authorized representative.
C. All state funds, federal aid funds or grants to the state relating to vocational rehabilitation shall be budgeted and accounted for as provided by law and by the rules of the department of finance and administration. These funds or grants shall be disbursed by warrants of the department of finance and administration on vouchers issued by the director of the vocational rehabilitation division or the director's authorized representative.
D. All federal aid funds received by the state to be used for vocational education or vocational rehabilitation programs may be expended in any succeeding year from the year received.
History:
1953 Comp., § 77-12-8, enacted by Laws 1967, ch. 16, § 198; 2005, ch. 328, § 7.
ANNOTATIONS
Cross references.
— For provisions relating to custody, budgeting and disbursement of federal aid funds generally,
see
22-9-5 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "vocational education" to "the instructional support and vocational education division"; provided that warrants may be issued by the director's authorized representative in Subsection B and provided in Subsection C that warrants may be issued by the vocational rehabilitation division or the director's authorized representative.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-10 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1993, ch. 226, § 53B recompiled former 22-14-10 NMSA 1978 as 22-14-30 NMSA 1978, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-11 - Vocational rehabilitation; eligibility.

Vocational rehabilitation shall be provided to any person who:
A. is a resident of the state at the time of filing an application for vocational rehabilitation; and
B. qualifies for eligibility under a vocational rehabilitation program established by the state; or
C. qualifies for eligibility under the terms of an agreement that the state has with the federal government or with another state.
History:
1953 Comp., § 77-12-9, enacted by Laws 1967, ch. 16, § 199; 2005, ch. 328, § 8.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, deleted "vocational education".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-11.1 - Third party liability.

A. The vocational rehabilitation division shall make reasonable efforts to ascertain any legal liability of third parties who are or may be liable to pay all or part of the cost of rehabilitation services of an applicant or client of vocational rehabilitation.
B. When the division provides vocational rehabilitation services to qualified individuals, the division is subrogated to any right of the individual against a third party for recovery of costs incurred.
History:
Laws 1983, ch. 60, § 1.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-12 - Hearings.

A. A fair hearing shall be provided for any individual applying for or receiving vocational rehabilitation aggrieved by any action or inaction of the vocational rehabilitation division or of the director of vocational rehabilitation.
B. The state board [department] shall adopt regulations for the conduct of hearings pursuant to this section.
History:
1953 Comp., § 77-12-10, enacted by Laws 1967, ch. 16, § 200; 1983, ch. 60, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the public education department as the sole educational agency of state for administration or supervision of state plan established for funds received pursuant to federal statute relating to school lunch programs, see 22-9-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-13 - Nontransferable or nonassignable rights.

The rights of any individual under the provisions of any state law relating to vocational rehabilitation are not transferable or assignable in law or in equity.
History:
1953 Comp., § 77-12-11, enacted by Laws 1967, ch. 16, § 201.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-14 - Limitations on political activities.

No person engaged in administering any vocational education or vocational rehabilitation program pursuant to Sections 22-14-1 through 22-14-16 NMSA 1978 shall use his official authority or influence to permit the use of the vocational education or vocational rehabilitation program to interfere with any public election or partisan political campaign. Nor shall such person take any active part in the management of a political campaign, or participate in any political activity beyond the person's constitutional rights of voting and of free speech. Nor shall he be required to contribute or render service, assistance, subscription, assessment or contribution for any political purpose. Any person violating the provisions of this section shall be subject to discharge or suspension.
History:
1953 Comp., § 77-12-12, enacted by Laws 1967, ch. 16, § 202.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 60, § 4, repealed 22-14-15 NMSA 1978, as enacted by Laws 1967, ch. 16, § 203, relating to the cooperation of health officials in the examination of applicants for vocational rehabilitation.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-16 - Admission to state educational institutions; exemption from certain fees.

Upon written request of the department, all state educational institutions shall accept for admission, without any charge for any fees except tuition charges, a person with a disability meeting the standards of the institution.
History:
1953 Comp., § 77-12-14, enacted by Laws 1967, ch. 16, § 204; 2007, ch. 46, § 12.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former state board,
see
9-24-1 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, amended the section to make non-substantive language changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Physical or mental illness as basis of dismissal of student from school, college, or university, 17 A.L.R.4th 519.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 156, § 3, repealed 22-14-17 NMSA 1978, as enacted by Laws 1976 (S.S.), ch. 30, § 1, relating to the northern New Mexico rehabilitation center, effective July 1, 1983.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 156, § 3, repealed 22-14-18 NMSA 1978, as enacted by Laws 1976 (S.S.), ch. 30, § 2, relating to the northern New Mexico rehabilitation center, effective July 1, 1983.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 156, § 3, repealed 22-14-19 NMSA 1978, as enacted by Laws 1976 (S.S.), ch. 30, § 3, relating to the northern New Mexico rehabilitation center, effective July 1, 1983.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-20 - New Mexico school for the visually handicapped; certain functions transferred.

There is transferred to the services for the blind administrative unit of the vocational rehabilitation division of the department of education [public education department] those powers, fiscal responsibilities, duties, records, equipment, lands, buildings and personnel of the New Mexico school for the visually handicapped pertaining to the training, rehabilitating and employing of blind persons over the age of eighteen years in cooperation with any other federal or state agency.
History:
1953 Comp., § 73-23-1.2, enacted by Laws 1971, ch. 324, § 5; 1973, ch. 209, § 2; 1978 Comp., § 21-5-3, recompiled as § 22-14-20 by Laws 1983, ch. 60, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For divisions of the department,
see
9-24-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-21 - Products of clients of the commission for the blind; purchasing agent to determine value.

It is the duty of the state purchasing agent to determine the fair market value of all products manufactured by clients of the commission for the blind and offered for sale to the state, or any other governmental agency or political subdivision thereof having its own purchasing agency, by the commission for the blind and approved for that use by the state purchasing agent, to revise the prices from time to time in accordance with changing market conditions and to make such rules and regulations regarding specifications, time of delivery and other relevant matters as are necessary to carry out the purpose of Sections 22-14-21 through 22-14-23 NMSA 1978.
History:
1941 Comp., § 6-410, enacted by Laws 1953, ch. 163, § 1; 1953 Comp., § 73-23-7; Laws 1977, ch. 159, § 1; 1978 Comp., § 21-5-9, recompiled as § 22-14-21 by Laws 1983, ch. 60, § 3; 1993, ch. 226, § 32.
ANNOTATIONS
Cross references.
— For the state purchasing agent,
see
13-1-95 NMSA 1978.
For the commission for the blind,
see
28-7-16 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, rewrote the catchline, which formerly read "Products of clients of services for the blind; division of vocational rehabilitation; purchasing agent to determine value"; substituted "the commission for the blind" for "services for the blind" in two places; substituted "22-14-21 through 22-14-23 NMSA 1978" for "73-23-7 through 73-23-9 NMSA 1953" at the end of the section; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts § 10.
72 C.J.S. Supp. Public Contracts § 4.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-22 - Purchases by state agencies and subdivisions.

Except as hereinafter provided, all products thereafter procured by or for the state, or any governmental agency or political subdivision thereof having its own purchasing agency, shall be procured in accordance with applicable specifications of the state purchasing agent from the commission for the blind or duly established agencies or branches thereof whenever the products are available at the price determined, as provided in Section 22-14-21 NMSA 1978, to be a fair market price for the product so manufactured, and no advertisement or notice for bids from other suppliers shall be necessary.
History:
1941 Comp., § 6-411, enacted by Laws 1953, ch. 163, § 2; 1953 Comp., § 73-23-8; 1977, ch. 159, § 2; 1978 Comp., § 21-5-10, recompiled as § 22-14-22 by Laws 1983, ch. 60, § 3; 1993, ch. 226, § 33.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "the commission for the blind" for "services for the blind"; substituted "22-14-21 NMSA 1978" for "73-23-7 NMSA 1953"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts § 10.
72 C.J.S. Supp. Public Contracts § 4.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-23 - Application of funds.

All money received by the commission for the blind or any duly established agency or branch thereof from the sale of products manufactured by clients of the commission for the blind to the state, any subdivision thereof or any other purchaser shall be placed in a special fund, which shall be used only for ordinary and necessary business expenses and to purchase raw materials, supplies and capital improvements for the manufacturing of products and to pay such compensation to the clients manufacturing the products as may be determined to be reasonable by the commission for the blind.
History:
1941 Comp., § 6-412, enacted by Laws 1953, ch. 163, § 3; 1953 Comp., § 73-23-9; Laws 1977, ch. 159, § 3; 1981, ch. 71, § 1; 1978 Comp., § 21-5-11, recompiled as § 22-14-23 by Laws 1983, ch. 60, § 3; 1993, ch. 226, § 34.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "the commission for the blind" for "services for the blind" in two places; inserted "manufactured by clients of the commission for the blind"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Funds § 5; 68 Am. Jur. 2d Schools § 53 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-24 - Purpose.

The purpose of Sections 22-14-24 through 22-14-29 NMSA 1978 is to provide blind persons with remunerative employment, to enlarge the economic opportunities for the blind and to stimulate them to greater efforts in striving to make themselves self-supporting, by authorizing blind persons licensed in accordance with the provisions of those sections to operate vending stands on any state property where vending stands may be properly and satisfactorily operated by blind persons, by granting blind persons a preference in the operation of vending stands on state property, by authorizing cooperation with the United States government in the administration of the vending stand program for the blind on federal property and by authorizing the commission to establish, maintain and operate a vending stand program for the blind.
History:
1953 Comp., § 59-12-1, enacted by Laws 1957, ch. 180, § 1; 1971, ch. 324, § 2; 1978 Comp., § 28-9-1, recompiled as § 22-14-24 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 10.
ANNOTATIONS
Cross references.
— For employment of the disabled,
see
28-10-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-25 - Definitions.

For the purposes of Sections 22-14-24 through 22-14-29 NMSA 1978:
A. "blind person" means a person having not more than ten percent visual acuity in the better eye with correction. This means a person who has:
(1) not more than 20/200 central visual acuity in the better eye after correction; or
(2) an equally disabling loss of the visual field, i.e., a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. Such blindness shall be certified by a duly licensed ophthalmologist, subject to approval of the New Mexico board of medical examiners;
B. "commission" means the commission for the blind;
C. "license" means a written instrument issued by the commission to a blind person pursuant to Sections 22-14-24 through 22-14-29 NMSA 1978, authorizing the blind person to operate a vending stand on state, federal or other property;
D. "state property" means any building or land owned, leased or occupied by any department or agency of the state or any instrumentality wholly owned by the state or by any county or municipality or by any other local governmental entity; and
E. "vending stand" means:
(1) such shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the commission, agency or person having control of the property on which the stand is to be located; and
(2) manual or coin-operated vending machines or similar devices for vending the articles mentioned in Paragraph (1) of this subsection.
History:
1953 Comp., § 59-12-2, enacted by Laws 1957, ch. 180, § 2; 1978 Comp., § 28-9-2, recompiled as § 22-14-25 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 11.
ANNOTATIONS
Cross references.
— For the commission on the blind,
see
28-7-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 108, § 16 repealed former 22-14-26 NMSA 1978, as enacted by Laws 1971, ch. 324, § 3 and recompiled by Laws 1983, ch. 60, § 3, defining "division," effective July 1, 1986.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-27 - Assuring preferences to blind persons.

The head or governing body of each department or agency and of each county or municipality or other local governmental entity having control of state property shall:
A. adopt policies and take action as may be necessary to assure that blind persons licensed by the commission will be given a preference in the establishment and operation of vending stands on property under its control, when vending stands may be properly and satisfactorily operated by blind persons;
B. cooperate with the commission in surveys of property under its control to find suitable locations for the operation of vending stands by blind persons and, after it has been determined that there is need for a vending stand and after the commission has determined that the stand may be properly and satisfactorily operated by a blind person, issue to the commission a permit for the operation of a vending stand by a licensed blind person and cooperate with the commission in the installation of the vending stand; and
C. provide appropriate vending space and utility services for the operation of vending stands at no cost to the commission or to the blind licensee.
History:
1953 Comp., § 59-12-3, enacted by Laws 1957, ch. 180, § 3; 1978 Comp., § 28-9-4, recompiled as , § 22-14-27 by Laws 1983, ch. 60, § 3; 1985, ch. 233, § 1; 1986, ch. 108, § 12.
ANNOTATIONS
Determinations where cooperative effort.
— While under this section there was to be a cooperative effort between the division (now the commission) and the agency, it was the division that made the determination as to the need for a vending stand and the further determination that such stand might be properly and satisfactorily operated by a blind person. 1964 Op. Att'y Gen. No. 64-77.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-29 - Hearings.

The commission shall provide an opportunity for a fair hearing to any licensed vending stand operator dissatisfied with any action arising from the operation or administration of the vending stand program.
History:
1953 Comp., § 59-12-5, enacted by Laws 1957, ch. 180, § 5; 1978 Comp., § 28-9-6, recompiled as § 22-14-29 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 14.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-30 - Vocational rehabilitation division; designated agency for federal funds.

The vocational rehabilitation division of the department of education [public education department] is designated the sole state agency to administer and receive any federal funds relating to vocational rehabilitation of the blind.
History:
1953 Comp., § 77-12-8.1, enacted by Laws 1971, ch. 324, § 4; 1978 Comp., § 22-14-10, recompiled as § 22-14-30 by Laws 1993, ch. 226, § 53.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 14 - Vocational Education or Rehabilitation › Section 22-14-32 - Licensure not required; background checks; school-sponsored activity and volunteers.

A. The provisions of the School Personnel Act [Chapter 22, Article 10A NMSA 1978], including licensure requirements, shall not apply to industry instructors, except that they shall be required to undergo a background check as provided for licensed school employees in Section 22-10A-5 NMSA 1978. The school district or charter school may act on the information received from the background check and refuse to approve a person as an industry instructor. An industry instructor shall provide for the safety of students under the industry instructor's care in the same manner as required of licensed school employees and shall not allow persons who have not been vetted through the background check process to have unsupervised contact with students.
B. For purposes of the public school insurance authority, each pre-apprenticeship program shall be considered a school-sponsored activity and each industry instructor shall be considered a school volunteer.
History:
Laws 2009, ch. 256, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-2 - Definitions.

As used in the Instructional Material Law [22-15-1 to 22-15-14 NMSA 1978]:
A. "division" or "bureau" means the instructional material bureau of the department;
B. "director" or "chief" means the chief of the bureau;
C. "instructional material" means school textbooks and other educational media that are used as the basis for instruction, including combinations of textbooks, learning kits, supplementary material and electronic media;
D. "multiple list" means a written list of those instructional materials approved by the department;
E. "membership" means the total enrollment of qualified students on the fortieth day of the school year entitled to the free use of instructional material pursuant to the Instructional Material Law;
F. "additional pupil" means a pupil in a school district's, state institution's or private school's current year's certified forty-day membership above the number certified in the school district's, state institution's or private school's prior year's forty-day membership;
G. "school district" includes state-chartered charter schools; and
H. "other classroom materials" means materials other than textbooks that are used to support direct instruction to students.
History:
1953 Comp., § 77-13-2, enacted by Laws 1967, ch. 16, § 206; 1975, ch. 270, § 2; 1993, ch. 226, § 35; 2005, ch. 80, § 2; 2006, ch. 94, § 47; 2007, ch. 285, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection H.
The 2006 amendment,
effective July 1, 2007, added Subsection G to define school district.
The 2005 amendment,
effective April 4, 2005, changed the definition of "instructional material" to textbooks and media that are used as the basis for instruction, including combinations of textbooks, kits, supplementary material and electronic media.
The 2003 amendment,
effective June 20, 2003, substituted "of" for "in" following "material bureau" in Subsection A; and added "including on-line resources, distance learning media and productivity software" at the end of Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-3 - Bureau; chief.

A. The "instructional material bureau" is created within the department of education [public education department].
B. With approval of the state board [department], the state superintendent [secretary] shall appoint a chief of the bureau.
History:
1953 Comp., § 77-13-3, enacted by Laws 1967, ch. 16, § 207; 1975, ch. 270, § 3; 1993, ch. 226, § 36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, rewrote the catchline, which formerly read "Division director; surety bond"; substituted "instructional material bureau" for "state instructional material division" in Subsection A; substituted "chief of the bureau" for "director of the division to be known as the 'state instructional material director'"; and deleted former Subsection C, pertaining to the official bond of the director.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-4 - Bureau; duties.

Subject to the policies and rules of the department, the bureau shall:
A. administer the provisions of the Instructional Material Law [22-15-1 to 22-15-14 NMSA 1978];
B. enforce rules for the handling, safekeeping and distribution of instructional material and instructional material funds and for inventory and accounting procedures to be followed by school districts, state institutions and private schools pursuant to the Instructional Material Law;
C. withdraw or withhold the privilege of participating in the free use of instructional material in case of any violation of or noncompliance with the provisions of the Instructional Material Law or any rules adopted pursuant to that law;
D. enforce rules relating to the use and operation of instructional material depositories in the instructional material distribution process; and
E. enforce rules that require local school boards to implement a process that ensures that parents and other community members are involved in the instructional material review process.
History:
1953 Comp., § 77-13-4, enacted by Laws 1967, ch. 16, § 208; 1975, ch. 270, § 4; 1993, ch. 226, § 37; 1997, ch. 100, § 1; 2005, ch. 80, § 3; 2009, ch. 221, § 3.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2010, in Subsection B, after "and private schools", deleted "and adult basic education centers".
The 2005 amendment,
effective April 4, 2005, added Subsection E to require the bureau to enforce rules that require local school boards to implement a process that ensures parents and community members are involved in the instructional material review process.
The 1997 amendment,
effective July 1, 1998, inserted "and instructional material funds" in Subsection B.
The 1993 amendment,
effective July 1, 1993, substituted "Bureau" and "bureau" for "Division" and "division" in the catchline and introductory paragraph; inserted "and regulations" in the introductory paragraph; deleted "adopt and" at the beginning of Subsection B; and added Subsection D, making related grammatical changes.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-8.1 - Instructional material adoption fund.

The "instructional material adoption fund" is created in the state treasury. The fund consists of fees charged to publishers to review their instructional materials, income from investment of the fund, gifts, grants and donations. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the department and money in the fund is appropriated to the department to pay expenses associated with adoption of instructional material for the multiple list.
History:
Laws 2005, ch. 80, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 80, § 8 contained an emergency clause and was approved April 4, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-12 - Repealed.

History:
1953 Comp., § 77-13-12, enacted by Laws 1967, ch. 16, § 216; 1975, ch. 270, § 12; 1993, ch. 226, § 43; 1997, ch. 100, § 8; 2005, ch. 80, § 7; 2009, ch. 221, § 10; repealed by Laws 2017, ch. 65, § 4.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 65, § 4 repealed 22-15-12 NMSA 1978, as enacted by Laws 1967, ch. 16, § 216, relating to annual reports, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-13 - Contracts with publishers.

A. The department may enter into a contract with a publisher or a publisher's authorized agent for the purchase and delivery of instructional material selected from the multiple list adopted by the department.
B. Payment for instructional material purchased by the department shall be made only upon performance of the contract and the delivery and receipt of the instructional material.
C. Each publisher or publisher's authorized agent contracting with the state for the sale of instructional material shall agree:
(1) to file a copy of each item of instructional material to be furnished under the contract with the department with a certificate attached identifying it as an exact copy of the item of instructional material to be furnished under the contract;
(2) that the instructional material furnished pursuant to the contract shall be of the same quality in regard to paper, binding, printing, illustrations, subject matter and authorship as the copy filed with the department; and
(3) that if instructional material under the contract is sold elsewhere in the United States for a price less than that agreed upon in the contract with the state, the price to the state shall be reduced to the same amount.
D. Each contract executed for the acquisition of instructional material shall include the right of the department to transcribe and reproduce instructional material in media appropriate for the use of students with visual impairment who are unable to use instructional material in conventional print and form. Publishers of adopted textbooks also shall be required to provide those materials to the department or its designated agent in an electronic format specified by the department that is readily translatable into Braille and also can be used for large print or speech access within a time period specified by the department.
E. Beginning with instructional material for the 2013-2014 school year, publishers of instructional material on the multiple list shall be required to provide those materials in both written and electronic formats.
History:
1953 Comp., § 77-13-13, enacted by Laws 1967, ch. 16, § 217; 1975, ch. 270, § 13; 1993, ch. 156, § 6; 1993, ch. 226, § 44; 2011, ch. 114, § 1.
ANNOTATIONS
Cross references.
— For transfer of the powers and duties of the former state board and department of education,
see
9-24-15 NMSA 1978.
The 2011 amendment,
effective June 17, 2011, added Subsection E to require publishers to provide instructional material in both written and electronic format beginning with the 2013-2014 school year.
The 1993 amendment,
effective July 1, 1993, substituted "authorized agent" for "representative" in Subsections A and C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 C.J.S. Schools and School Districts §§ 491, 492.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-14 - Reports; budgets.

A. Annually, the department of education [public education department] shall submit a budget for the ensuing fiscal year to the department of finance and administration showing the expenditures for instructional material to be paid out of the instructional material fund, including reasonable transportation charges and emergency expenses.
B. Upon request, the department of education [public education department] shall make reports to the state board [department] concerning the administration and execution of the Instructional Material Law [22-15-1 to 22-15-14 NMSA 1978].
History:
1953 Comp., § 77-13-14, enacted by Laws 1967, ch. 16, § 218; 1975, ch. 270, § 14; 1993, ch. 226, § 45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For instructional material fund generally,
see
22-15-5 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, substituted "department of education" for "division" in Subsections A and B.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-16 - Purpose.

It is the purpose of the Historical Codes Act [22-15-15 to 22-15-20 NMSA 1978] to promote an appreciation, necessary to a complete education, for the heritage and history of our civilization through the posting of historical codes pursuant to the provisions of the Historical Codes Act.
History:
Laws 1981, ch. 29, § 2.