Section 22-12-4 - Right to education.

22-12-4. Right to education.

All school age persons in the state shall have a right to a free public education as follows:   

A.     except for school age persons who are detained or enrolled in state institutions other than those school age persons provided for in Subsection C of this section, any school age person shall have a right to attend public school within the school district in which he resides or is present;   

B.     except as provided in Subsection C of this section, the state institution in which a school age person is detained or enrolled shall be responsible for providing educational services for the school age person; and   

C.     any school age person who is a client as defined in Section 43-1-3 NMSA 1978 in a state institution under the authority of the secretary of the health and environment department shall have a right to attend public school in the school district in which the institution, in which he is a client, is located if:   

(1)     the school age person has been recommended for placement in a public school by the educational appraisal and review committee of the district in which the institution is located; or   

(2)     the school age person has been recommended for placement in a public school as a result of the appeal process as provided in the special education regulations of the state board [department] of education.