New Mexico Statutes

N.M. Stat. § 22-9-2 (2026)

Federal aid to education; state educational agency.

✓ current as of May 2026

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The department shall be the sole educational agency of the state for the
administration or for the supervision of the administration of any state plan established
or funds received by the state by virtue of any federal statute relating to aid for
education, school construction or school breakfast or lunch programs, except as is
provided in Section 21-1-26 NMSA 1978 and as may otherwise be provided by law.

History: 1953 Comp., § 77-7-2, enacted by Laws 1967, ch. 16, § 102; 2004, ch. 27, §
22; 2011, ch. 35, § 2.

                                     ANNOTATIONS

Cross references. — For designation of the state educational authorities for
administration of federal grants, see 22-9-8 NMSA 1978.

For designation of higher education department to administer funds furnished under
acts of congress to state educational institutions, see 21-1-26 NMSA 1978.

For designation of the public education commission for vocational education programs,
see 22-14-2 NMSA 1978.

For the public education department, see 9-24-4 NMSA 1978.

For the higher education department, see 9-25-4 NMSA 1978.

The 2011 amendment, effective June 17, 2011, added breakfast programs to the list of
programs that are administered and supervised by the department.

The 2004 amendment, effective May 19, 2004, changed "state department" to
"department" and changed a 1953 statutory reference to the NMSA 1978 section
number.

Notes of Decisions

Cited in 2 cases, 1966–2007 · leading case: Ellenberg Ex Rel. S.E. v. New Mexico Military Inst., 478 F.3d 1262 (10th Cir. 2007).

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Ellenberg Ex Rel. S.E. v. New Mexico Military Inst., 478 F.3d 1262 (10th Cir. 2007). “N.M. Stat. § 22-9-2. At the local level, each school district is governed by a local school board, which is authorized to establish rules governing enrollment in the district’s public schools and develop the district’s educational policies.”

State Ex Rel. State High. Comm'n v. Chavez, 419 P.2d 759 (N.M. 1966). · cites it 2× “The condemnation proceeding was commenced and notice as provided in § 22-9-2, N.M.S.A. 1953, was issued on August 9, 1957.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.