Sections 22-15-1 through 22-15-14 NMSA 1978 may be cited as the “Instructional Material Law”.
HISTORY:
1953 77-13-1, enacted by Laws 1967, ch. 16, § 205; 1975, ch. 270, § 1; 2005, ch. 80, § 1.
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 However, Laws 2003, Chapter 143 was repealed by Laws 2004, Chapter 27, § 29, nullifying the repeal by Laws 2003, Chapter 143 and leaving the statutory provisions as they were prior to the attempted repeal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 Article 13A of Chapter 22 was additionally repealed, without contingency, by Laws 2003, ch. 153, § 73, effective April 4, 2003.
Effect of amendments.
The 2005 amendment, effective April 4, 2005, substituted “ 22-15-1 through 22-15-14 NMSA 1978” for “77-13-1 through 77-13-14 NMSA 1953”.
Notes to Decisions
Constitutionality.
Furnishing of free instructional materials to private schools under the Instructional Material Law (IML), NMSA 1978, § 22-15-1 et seq., did not violate N.M. Const. art XII § 3, where the IML's focus was secular, i.e., to provide instructional material for the benefit of students, private schools did not own the material, and the State controlled its use and disposition. Moses v. Skandera, 2015-NMCA-036, 346 P.3d 396, 2014 N.M. App. LEXIS 102 (N.M. Ct. App. 2014), rev'd, No. S-1-SC-34974, 2015 N.M. LEXIS 338 (N.M. Nov. 12, 2015), rev'd, 2015-NMSC-036, 367 P.3d 838, 2015 N.M. LEXIS 378 (N.M. 2015).
Instructional Material Law (IML), NMSA 1978, § 22-15-1 et seq., did not violate N.M. Const. art IX § 14, where there was neither a gift nor an allocation or appropriation of something of value, without consideration, and thus, there was no donation to a private school. Moses v. Skandera, 2015-NMCA-036, 346 P.3d 396, 2014 N.M. App. LEXIS 102 (N.M. Ct. App. 2014), rev'd, No. S-1-SC-34974, 2015 N.M. LEXIS 338 (N.M. Nov. 12, 2015), rev'd, 2015-NMSC-036, 367 P.3d 838, 2015 N.M. LEXIS 378 (N.M. 2015).
Instructional Material Law (IML), NMSA 1978, § 22-15-1 et seq., did not violate N.M Const. art. IV, § 31, as it provided only an indirect or incidental benefit to private schools. Moses v. Skandera, 2015-NMCA-036, 346 P.3d 396, 2014 N.M. App. LEXIS 102 (N.M. Ct. App. 2014), rev'd, No. S-1-SC-34974, 2015 N.M. LEXIS 338 (N.M. Nov. 12, 2015), rev'd, 2015-NMSC-036, 367 P.3d 838, 2015 N.M. LEXIS 378 (N.M. 2015).
Instructional Material Law (IML), NMSA 1978, § 22-15-1 et seq., did not violate N.M. Const. art II § 11, as plaintiffs had provided no basis by which to diverge from federal precedent. Moses v. Skandera, 2015-NMCA-036, 346 P.3d 396, 2014 N.M. App. LEXIS 102 (N.M. Ct. App. 2014), rev'd, No. S-1-SC-34974, 2015 N.M. LEXIS 338 (N.M. Nov. 12, 2015), rev'd, 2015-NMSC-036, 367 P.3d 838, 2015 N.M. LEXIS 378 (N.M. 2015).