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APPENDIX 1: New Mexico State Constitution (Educational Controls Summary)
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Appendix 1 New Mexico State Constitution (Educational Controls Summary) Article XII, Section 1 and Article XXI, Section 4: A uniform system of free public schools, non-sectarian and conducted in English, and open to all the children of school age in the state, shall be established and maintained. Article XII, Section 5: Every child of school age who is mentally and physically able shall attend school. Article XII, Section 9: No religious test shall be required of any pupil or teacher as a condition of admission into the public school or any state educational institution. Article XII, Section 3: The educational institutions provided for by this constitution shall forever remain under the exclusive control of the state, and no public money shall be used for the support of any sectarian or private school. Article XII, Section 10: Children of Spanish descent may not be segregated. Article XII, Section 8: The legislature shall provide for the training of teachers proficient in both the English and Spanish languages, to qualify them to teach English speaking pupils. Article XII, Section 6: A state board of education shall control all public schools. It shall consist of the governor, the state superintendent of public instruction , and five other members appointed by the governor, with the consent of the senate, including the head of some state educational 221 institution, a county superintendent of schools, and one other person actually engaged in educational work. Article XII, Section 2: The permanent school fund shall consist of the process of sales of certain lands and all grants, gifts and devises made to the state, the purpose of which is not otherwise specified. Article XII, Section 7: The permanent school fund shall be invested in the bonds of New Mexico, or of any county, city, town, or school district therein. The legislature may provide that said funds may be invested in other interest bearing securities. All investments must be approved by the governor, attorney-general, and secretary of state. All losses shall be reimbursed by the state. Article IX, Section 11: No school district shall borrow money, except for school buildings or school grounds, and only when approved by a majority of those voting thereon. No school district shall ever become indebted in an amount exceeding six per cent on its assessed valuation. Article XII, Section 4: Fines and forfeitures, net proceeds of property that may come to the state by escheat, rentals of all school lands and the incomes derived from the permanent school fund shall constitute the current school funds. The proceeds of a tax levied by the legislature shall be added to the current school fund. The fund shall be distributed on the basis of the census child, but before distribution a five-month term to every district which levies the full limit prescribed by law. Article VII, Section 1: School elections shall be held at different times than other elections Article XX, Section 17: A uniform system of textbooks shall be adopted for the public schools which shall not be changed more than once in six years. —from J. E. Seyfried, Analysis and Evaluation of New Mexico School Laws (Wiley 1974, 10–19). Appendix 1 222 ...