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1999 New Mexico Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagnm0043 and id is 1 raw text is: 01/12/00 09:41 FAX 505 827 5826        N.H.A.G. OFFICE          -

Attorney General of New Mexico

PATRICIA A. MADRID
Attorney General

FRANK D. KATZ
Deputy Attorney General

January 29, 1999

OPINION
OF
PATRICIA A. MADRID
Attorney General

Opinion No. 99-01

BY:   Elizabeth A. Glenn
Assistant Attorney General
TO:   The Honorable Luciano Lucky Varela
State Representative
1709 Callejon Zenaida
Santa Fe, New Mexico 87501
QUESTION:
Is a school voucher program involving the use of public money to provide parents of children
attending private schools with tuition assistance permissible under the New Mexico
Constitution?
CONCLUSION:
A school voucher program involving the use of public money to provide parents of private
school children with tuition assistance raises serious and substantial state constitutional
questions, most significantly under Article XII, Section 3, which proscribes the use of public
money for the support of private schools, and the antidonation clause of Article IX, Section 14.
Legislation has been and is expected to continue to be introduced to provide for a school voucher
program under which vouchers would be issued to parents of children attending private schools
and used to defray the tuition costs of those schools. The vouchers would be redeemed by the
private schools and paid with public money.

Santa Fe, New Mexico 87504-1508    505/ 827-000

Q l023

PO Drawer 1508

Fax 5051 827-5826

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