N.M. Stat. » N.M. Stat. / Chapter 22 / Article 12
New Mexico Statutes

N.M. Stat. § 22-12-2 (2026)

Repealed.

✓ current as of May 2026
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History: 1953 Comp., § 77-10-2, enacted by Laws 1967, ch. 16, § 170; 1967, ch. 133, §
1; 1972, ch. 17, § 2; 1974, ch. 7, § 2; 1975, ch. 332, § 3; 1975, ch. 338, § 2; 1981, ch. 7,
§ 1; 1985, ch. 21, § 4; 1997, ch. 194, § 1; 2001, ch. 183, § 1; 2004, ch. 28, § 2; 2007,
ch. 307, § 6; 2007, ch. 308, § 6; 2015, ch. 122, § 13; repealed by Laws 2019, ch. 223, §
17.

                                     ANNOTATIONS

Repeals. — Laws 2019, ch. 223, § 17 repealed 22-12-2 NMSA 1978, as enacted by
Laws 1967, ch. 16, § 170, relating to compulsory school attendance, responsibility,
effective June 14, 2019. For provisions of former section, see the 2018 NMSA 1978 on
NMOneSource.com.
Notes of Decisions
Cited in 9 cases, 1983–2018 · leading case: Garcia v. Bd. of Educ. of Albuquerque Pub. Schs., 520 F.3d 1116 (10th Cir. 2008).
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Garcia v. Bd. of Educ. of Albuquerque Pub. Schs., 520 F.3d 1116 (10th Cir. 2008). “We cannot say that the court traversed the bounds of that discretion in determining that the relief Myisha seeks is neither necessary nor merited in light of Myisha’s educational history and the educational services already available to her should she choose to return to school.”
Rubio Ex Rel. Rubio v. Carlsbad Mun. Sch. Dist., 744 P.2d 919 (N.M. Ct. App. 1987). · cites it 2× “…for which parents and students may seek relief. in the event of a breach. See N.M. Const, art. XII, §§ 1 and 5; NMSA 1978, §§ 22-12-2 and -4 (Repl.1986); §§ 22-8-1 to -42 (Repl.1986 & Supp.1987). They argue that “[vjiewed in the most fundamental concepts of contract, the…”
Jaramillo v. Heaton, 2004 NMCA 123 (N.M. Ct. App. 2004). · cites it 2× “We fail to see how statutes or ease law imposing duties on parents to ensure school attendance or to provide child support relate to a parent’s responsibilities in conjunction with filing a medical malpractice cause of action.”
Strosnider v. Strosnider, 686 P.2d 981 (N.M. Ct. App. 1984). · cites it 2× “” NMSA 1978, § 22-12-2 (Repl.Pamp.1984). The legislature defines “private school” as “a school offering programs of instruction not under the control, supervision or management of a local school board exclusive of home instruction offered by the parent, guardian or one having…”
State v. Edgington, 663 P.2d 374 (N.M. Ct. App. 1983). “Don and Paula Edgington (defendants) were charged with violation of New Mexico’s Compulsory School Attendance Law, pursuant to §§ 22-12-2, N.M.S.A.1978 and 22-12-7(D), N.”
Moses v. Ruszkowski, 458 P.3d 406 (N.M. 2018). · cites it 2× “XII, § 5 (making school attendance 7 compulsory); NMSA 1978, § 22-12-2(A) (2015) (same). The textbook loan program 8 furthers New Mexico’s legitimate public interest in promoting education and 9 eliminating illiteracy.”
State v. Roeper, 433 P.3d 311 (N.M. Ct. App. 2018). · cites it 2× “Section 22-12-2(C) Included among the provisions of the Act is a statutorily-created protocol for addressing habitual truancy and a parent's failure to satisfy his or her obligation to insure a child's school attendance.”
State v. Roeper, 2019 NMCA 1 (N.M. Ct. App. 2018). · cites it 2× “Section 22-12-2(C) Included among the provisions of the Act is a statutorily-created protocol for addressing habitual truancy and a parent’s failure to satisfy his or her obligation to insure a child’s school attendance.”
Moses v. Ruszkowski, 2019 NMSC 3 (N.M. 2018). · cites it 2× “XII, § 5 (making school attendance compulsory); NMSA 1978, § 22-12-2(A) (2015) (same). The textbook loan program furthers New Mexico’s legitimate public interest in promoting education and eliminating illiteracy.”
N.M. Stat. § 22-12-2(A): 2 cases
Moses v. Ruszkowski, 458 P.3d 406 (N.M. 2018). “XII, § 5 (making school attendance 7 compulsory); NMSA 1978, § 22-12-2(A) (2015) (same). The textbook loan program 8 furthers New Mexico’s legitimate public interest in promoting education and 9 eliminating illiteracy.”
Moses v. Ruszkowski, 2019 NMSC 3 (N.M. 2018). “XII, § 5 (making school attendance compulsory); NMSA 1978, § 22-12-2(A) (2015) (same). The textbook loan program furthers New Mexico’s legitimate public interest in promoting education and eliminating illiteracy.”
N.M. Stat. § 22-12-2(C): 3 cases
Jaramillo v. Heaton, 2004 NMCA 123 (N.M. Ct. App. 2004). “We fail to see how statutes or ease law imposing duties on parents to ensure school attendance or to provide child support relate to a parent’s responsibilities in conjunction with filing a medical malpractice cause of action.”
State v. Roeper, 433 P.3d 311 (N.M. Ct. App. 2018). “Section 22-12-2(C) Included among the provisions of the Act is a statutorily-created protocol for addressing habitual truancy and a parent's failure to satisfy his or her obligation to insure a child's school attendance.”
State v. Roeper, 2019 NMCA 1 (N.M. Ct. App. 2018). “Section 22-12-2(C) Included among the provisions of the Act is a statutorily-created protocol for addressing habitual truancy and a parent’s failure to satisfy his or her obligation to insure a child’s school attendance.”
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