A. The secretary is the governing authority and shall have control, management and direction of all public schools, except as otherwise provided by law.
B. The department may:
(1) adopt, promulgate and enforce rules to exercise its authority and the authority of the secretary;
(2) enter into contracts to carry out its duties;
(3) apply to the district court for an injunction, writ of mandamus or other appropriate relief to enforce the provisions of the Public School Code [22-1-1 NMSA 1978] or rules promulgated pursuant to the Public School Code; and
(4) waive provisions of the Public School Code [22-1-1 NMSA 1978] as authorized by law.
HISTORY:
1978 22-2-1, enacted by Laws 1990 (1st S.S.), ch. 9, § 10; 1992, ch. 77, § 1; 1993, ch. 226, § 2; 2004, ch. 27, § 14.
Editor’s notes.
Laws 2003, ch. 143, § 2, effective July 1, 2004, and contingent upon adoption of an amendment to Article 12, Section 6 of the constitution of New Mexico, repeals Articles 1, 2, 13, 13A and 15 of Chapter 22 NMSA 1978. The constitutional amendment was approved at the special election on September 23, 2003, giving the repeal full force and effect as of July 1, 2004. However, Laws 2003, Chapter 143 was repealed by Laws 2004, Chapter 27, § 29, nullifying the repeal by Laws 2003, Chapter 143 and leaving the statutory provisions as they were prior to the attempted repeal in 2003. Article 13A of Chapter 22 was additionally repealed, without contingency, by Laws 2003, ch. 153, § 73, effective April 4, 2003.
Amendment Notes.
The 2004 amendment, effective May 19, 2004, in the section catchline, substituted “Secretary and department; general powers” for “State board”; in Subsection A, substituted “secretary” for “state board”; in Subsection B, substituted “department” for “state board”; in Paragraph B(1), added “adopt” to the beginning, deleted “publish” following “promulgate”, and substituted “rules” for “regulations” and “and the authority of the secretary” for “granted pursuant to the Public School Code”; added Paragraph B(2); redesignated former Subsections C and D as Paragraphs B(3) and B(4) respectively.
Notes to Decisions
Authority of board.
State board’s control is limited to its enumerated statutory powers. Daddow v. Carlsbad Mun. Sch. Dist., 1995-NMSC-032, 120 N.M. 97, 898 P.2d 1235, 1995 N.M. LEXIS 193 (N.M. 1995), cert. denied, 516 U.S. 1067, 116 S. Ct. 753, 133 L. Ed. 2d 700, 1996 U.S. LEXIS 371 (U.S. 1996).
Hearing procedures.
Fact that the Rules of Civil Procedure were made inapplicable to de novo hearings did not preclude the State Board of Education from adopting discovery procedures of its own to facilitate de novo hearings. Redman v. Board of Regents, 1984-NMCA-117, 102 N.M. 234, 693 P.2d 1266, 1984 N.M. App. LEXIS 738 (N.M. Ct. App. 1984).
OPINIONS OF ATTORNEY GENERAL
Special education.
State board of education has the authority to establish special education standards for all public schools and institutions receiving public money and the authority to enforce these standards in all such institutions. 1984 Attorney General Advisory Letter No. 84-18, 1984 N.M. AG LEXIS 20.