A. It is unlawful for any private school, or its agent, to canvass a prospective student in New Mexico for the purpose of selling to the student a scholarship or collecting tuition from the student in advance of the date for registration for the school without first obtaining a permit from the state board [department]. This shall not be construed to prevent canvassing by schools for prospective students where no scholarship is sold or where no fee for tuition is collected in advance of registration. This shall also not be construed to prevent a school from advertising.
B. To obtain a permit as required by this section, an application shall be filed with the state board [department], signed by an authorized representative of the school, accompanied by any reasonable fee required by the state board and containing the following:
(1) the name and location of the school seeking the permit;
(2) the number of instructors employed by the school;
(3) the courses of instruction offered by the school; and
(4) any additional information required by the state board [department].
C. The state board may revoke, at any time, any permit issued by it for satisfactory cause.
D. Any person violating any provisions of this section is guilty of a petty misdemeanor.
History: 1953 Comp., § 77-11-11, enacted by Laws 1967, ch. 16, § 190.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of private school or educational institution for breach of contract arising from provision of deficient educational instruction, 46 A.L.R.5th 581.
Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student, 47 A.L.R.5th 1.
78 C.J.S. Schools and School Districts §§ 58, 811.
Structure New Mexico Statutes
Article 13 - Courses of Instruction and School Programs
Section 22-13-1 - Subject areas; minimum instructional areas required; accreditation.
Section 22-13-1.1 - Graduation requirements.
Section 22-13-1.2 - High school curricula and end-of-course tests; alignment.
Section 22-13-1.3 - Reading initiative; design.
Section 22-13-1.5 - Core curriculum framework; purpose; curriculum.
Section 22-13-1.6 - Uniform grade and subject curricula; professional department [development].
Section 22-13-1.7 - Elementary physical education.
Section 22-13-3 - Early childhood education programs required.
Section 22-13-3.2 - Full-day kindergarten programs.
Section 22-13-3.3 - Short title.
Section 22-13-3.5 - Definitions.
Section 22-13-3.6 - Literacy for children at risk fund created; administration of fund.
Section 22-13-3.7 - Disbursement of funds; approved projects.
Section 22-13-5 - Special education.
Section 22-13-6 - Special education; definitions.
Section 22-13-6.1 - Gifted children; determination.
Section 22-13-7 - Special education; responsibility.
Section 22-13-12 - Approved driver-education courses.
Section 22-13-13 - School lunch program.
Section 22-13-13.1 - Temporary provision; food and beverages sold outside of school meal programs.
Section 22-13-13.2 - Breakfast program required; waiver; distribution of funds.
Section 22-13-14 - Emergency drills; requirement.
Section 22-13-15 - Public school instruction; prohibition; penalty.
Section 22-13-16 - Private school programs; solicitations; permit; penalty.
Section 22-13-25 - Academic competitions.
Section 22-13-26 - Youth programs established.
Section 22-13-27 - Recompiled.
Section 22-13-28.1 - Repealed.
Section 22-13-28.2 - Repealed.
Section 22-13-29 - Middle and high school literacy initiative.
Section 22-13-30 - Vision screening.
Section 22-13-31.1 - Brain injury; protocols; training of coaches; brain injury education.
Section 22-13-32 - Intervention for students displaying characteristics of dyslexia.
Section 22-13-33 - Appointing a point of contact person for certain students.