Section 1 [Free public schools.]

Consolidation of districts.

Requirements.

In an action to enjoin the consolidation of two rural school districts in which there had been a constant decrease in population, with a resultant decrease in the number of pupils attending the schools in those districts, the consolidation was held not to violate the right to a free public education granted by N.M. Const. art XII § 1 where the new consolidated district was not made so large that school children would be unable to make the trip to school and back home each day. Strawn v. Russell, 1950-NMSC-028, 54 N.M. 221, 219 P.2d 292, 1950 N.M. LEXIS 618 (N.M. 1950).

Pursuant to federal law, N.M. Const. art XII § 1 and 22-13-5 NMSA 1978, the state of New Mexico is obligated to provide all its pre-college age children with appropriate education and is forbidden from discriminating against the handicapped in meeting this obligation; thus the state’s special education programs must serve handicapped students adequately, in the same way that traditional education programs serve nonhandicapped students. New Mexico Ass'n for Retarded Citizens v. New Mexico, 678 F.2d 847, 1982 U.S. App. LEXIS 19303 (10th Cir. N.M. 1982).

Generally.

Constitutionality.

Authority of school board to make boundaries within district.

Section 22-2-8.6C NMSA 1978, which requires non-indigent parents of children in grades nine through twelve to pay the cost of optional summer and after-school remediation programs, is constitutional. That section does not offend the “free school guaranty” of N.M. Const. art XII § 1, as that provision is construed by the New Mexico Supreme Court. 1990 N.M. Op. Att'y Gen. No. 1990-6.