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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