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2010 New Mexico Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagnm0013 and id is 1 raw text is: Attorney Genera of New Mex co
GARY K. KING                                                 UAIERT3. LAIA
Atorne Genealthie Deuty Attorney\ ( ener
January 7. 2010
OPINION
OF
GARY K. KING
Attorney General                                          Opinion No. 10-01
BY: lesley Lowe
Assistant Attorney General
TO: Dr. Veronica Garcia
Secretary of Education
300 Don (aspar
Santa Fe. NM 87501
Q U ES'TION S:
1. Does the Secretary of Education have legal authority to order the creation of a
new school district given that the procedure requiring the former State
Superintendent of Public Instruction to recommend the creation of new districts
to the former State Board of Education is no longer available in light of the
adoption of the September 2003 amendment to Article Xll, Section 6 of the New
Mexico ConstitLition?
2. Pursuant to Section 22-4-2(A) and (B) and Section 22-4-1 0(A)(2). does the
Secretary of Iducation have legal authority to order a school district to convey by
deed all right. title and interest in school-owned realty located in the proposed
boundary of a new school district to that district'?
Assuming that the Secretary of Education does have legal authority to order a
school district to convey certain school-owned realty to a nevw school district,
which district is responsible for the liens, mortgages and encumbrances on that
property?

Santa Fe, New Mexico 87504  (505) 827-6000 FaK (505) 827-5826

PO, Drawver 1508

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