A. The management and control of the New Mexico school for the visually handicapped [New Mexico school for the blind and visually impaired], the care and preservation of all property of which it shall become possessed, the erection and construction of all buildings necessary for its use and the disbursement and expenditure of all money appropriated by the state or that shall otherwise come into the school's possession shall be vested in a board of five regents, at least one of whom shall be visually handicapped and at least one other of whom shall be the parent of a visually handicapped child.

B. The regents and their successors in office shall constitute a body corporate under the name and style of "the board of regents of the New Mexico school for the visually handicapped [New Mexico school for the blind and visually impaired]". The board has the right as such of suing and being sued, of contracting and being contracted with, of making and using a common seal and altering the same at pleasure and of causing all things to be done necessary to carry out the provisions of Chapter 21, Article 5 NMSA 1978. A majority of the board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. The officers of the board shall be elected in the same manner and possess the same qualifications as the officers of the board of regents of the university of New Mexico.

C. The board of regents of the New Mexico school for the visually handicapped [New Mexico school for the blind and visually impaired] shall comply with provisions of the fourteenth amendment to the United States constitution, the federal Civil Rights of Institutionalized Persons Act and the Individuals with Disabilities Education Act.

History: Laws 1903, ch. 2, § 6; Code 1915, § 5109; C.S. 1929, § 130-606; 1941 Comp., § 5-101; 1953 Comp., § 13-3-1; recompiled as 1953 Comp., § 73-23-1.1; Laws 1968, ch. 17, § 8; 1997, ch. 232, § 1; 1999, ch. 116, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

An amendment to N.M. Const., art. XII, § 11, adopted at a general election held November 2, 2004, changed the name of the New Mexico school for the visually handicapped to the New Mexico school for the blind and visually impaired.

Cross references. — For the federal Civil Rights of Institutionalized Persons Act, see 42 USC § 1997 et seq.

For the Individuals with Disabilities Education Act, see 20 USCS § 1400 et seq.

The 1999 amendment, effective June 18, 1999, added Subsection C.

The 1997 amendment, effective June 20, 1997, substituted "New Mexico school for the visually handicapped" for "state institutions" in the section heading, designated the existing language as Subsections A and B, made minor stylistic changes in and rewrote the last three sentences of Subsection A; in Subsection B, in the first sentence, inserted "The regents" at the beginning and substituted "board of regents" for "trustees" near the middle, in the second sentence inserted "The board has" at the beginning and substituted "Chapter 21, Article 5 NMSA 1978" for "this article" at the end, in the fourth sentence, inserted "board of regents of the" near the end, and deleted the last two sentences in Subsection B relating to the board requiring corporate surety bonds in reasonable amounts set by the board and the governor being an ex-officio member of the board, but not having the right to vote or be eligible to office on the board.

Employee must comply with internal grievance procedures. — An employee must substantially comply with mandatory internal grievance procedures contained in an employee manual or handbook before filing suit for breach of contract claims based on an alleged failure of an employer to follow its employment policies. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.

Where a university manager was terminated by the university; the manager did not follow the grievance process contained in the university's employee handbook by filing a grievance; the handbook governed the manager's employment with the university; and the manager filed an action in district court for breach of contract and wrongful termination alleging that the employee handbook created a contract and that the university breached the contract by failing to abide by the handbook's policies and procedures governing workplace performance, disciplinary action, a harassment-free workplace, employer-employee relations, progressive discipline and by disciplining the manager without just cause, the manager's claims were barred because the manager failed to exhaust the handbook's internal grievance procedures before filing the breach of contract action based on an alleged failure of the university to follow policies in the handbook. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 3, 5, 7, 11, 17, 19, 21, 23, 33 to 35, 39; 63A Am. Jur. 2d Public Officers and Employees §§ 487, 488; 68 Am. Jur. 2d Schools § 30.

Mandamus to compel enrollment or restoration of pupil in state school or university, 39 A.L.R. 1019.

Constitutionality of statute requiring, or limiting, selection or appointment of public officers or agents from members of a political party or parties, 140 A.L.R. 471, 170 A.L.R. 198.

Malfeasance in office, public officer's bond as subject to forfeiture for, 4 A.L.R.2d 1348.

14A C.J.S. Colleges and Universities §§ 14 to 38; 29 C.J.S. Elections § 1(7); 67 C.J.S. Officers and Public Employees §§ 36, 40 to 43, 66, 69.