Does state law require public schools to be "open to all"?
Yes—
constitutional
Does state law mandate "equality of educational opportunity"?
No
Do the courts recognize education as a fundamental right?
No
State Constitution
Art. 12 § 1. A uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state shall be established and maintained.
Notes
In New Mexico, attendance zones could be vulnerable to a challenge based on the promise in the state constitution that the public schools be “open to all the children of school age in the state.”
Open Enrollment
WITHIN-DISTRICT
Voluntary program for districts that specifically allows for geographic enrollment preferences with- in the district. N.M. Stat. § 22-12-5(B): “Local school boards may permit school- age persons to transfer to a school outside the child’s attendance zone but within the school district when there are sufficient school accommodations to provide for them.”
CROSS-DISTRICT
Voluntary for districts. Permission of resident district not required.
“Local school boards may admit school-age persons who do not live within the school district to the public schools within the school district when there are sufficient school accommodations to provide for them.” N.M. Stat. § 22-12-5(A)
State Law Establishing Attendance Zones
“A local school board shall adopt and promulgate rules governing enrollment and re-enrollment at public schools other than charter schools within the school district. These rules shall include: (1) definition of the school district boundary and the boundaries of attendance areas for each public school.” N.M. Stat. § 22-1-4(E)
State Law Criminalizing Use Of Incorrect Address
None found.
Charter School Admissions
Charter schools are forbidden from discriminating against students based on their residential address within the school district. But charters are required to grant an enrollment preference to students living within the jurisdictional boundaries. N.M. Stat. § 22-8B-4.1
