A. Except as otherwise provided in this section, the New Mexico school for the deaf shall be devoted exclusively to the care and instruction of persons of either sex who are residents within the state and between the ages of five years and the age of majority and who are deaf or hard-of-hearing; provided that the board of regents, in its discretion, may admit residents of this state who have attained the age of one year for daytime care and instruction, but not for residential purposes, and may also admit residents of this state who are over the age of majority.

B. The board of regents may make expenditures for undergraduate collegiate expenses of graduates of the New Mexico school for the deaf. The board of regents may permit the use of facilities of the school by public and private agencies in the state in carrying on a conservation-of-hearing program when the agencies participate in the cost of the operation, upon such terms and conditions as the board of regents may prescribe.

C. The board of regents may contract with the veterans' administration and the vocational rehabilitation division of the public education department to provide instruction for adults with a disability in vocations or lip reading taught at the school, but such adults may not be housed at the school. The board of regents may lease for a nominal sum for periods not to exceed three months to the public schools, institutions and agencies of the state any hearing test equipment owned by the school.

D. The board of regents, for the purpose of creating a source of teachers of the deaf, may pay tuition and other necessary expenses of graduates of New Mexico colleges desiring to take training to teach the deaf in out-of-state training centers and intending to make the teaching of the deaf in New Mexico their profession.

E. All instruction shall be free. Deaf or hard-of-hearing children from other states or territories may be received and educated in the school under such rules and regulations as the board of regents may prescribe, but in no event shall such children be admitted except upon the payment or guaranty of at least one thousand dollars ($1,000) for the school year, on the basis of nine months for a school year. The president of the board of regents is authorized to make and enter into on behalf of the school all necessary agreements and contracts with the United States government and the proper authorities of other states and territories for the reception and education of such children, and the president is further authorized to receive and receipt for all money paid upon such account and to endorse and transfer all checks, vouchers or other evidences of payment made or received in behalf of the school.

History: Laws 1899, ch. 42, § 3; Code 1915, § 5103; C.S. 1929, § 130-405; 1941 Comp., § 55-2304; Laws 1945, ch. 80, § 1; 1953, ch. 26, § 1; 1953 Comp., § 73-24-4; Laws 1955, ch. 63, § 1; 1973, ch. 138, § 30; 2007, ch. 46, § 9.

The 2007 amendment, effective June 15, 2007, amended the section to make non-substantive language changes.

Scope of power to care. — The board of the deaf school (New Mexico school for the deaf) is vested by law with power to care for children under its control and to provide food, clothing, quarters, medical and such other care as may be necessary to the children's welfare. 1945 Op. Att'y Gen. No. 45-4803.

Power to spend funds limited. — The statute's language would seem to preclude the power to spend the funds of the institution in instructing other than those persons in the institution. The legislature did not intend that personnel from school be dispatched, at institution expense, to places outside the school to prepare others in communicating and otherwise being able to get along with students from the school. 1955 Op. Att'y Gen. No. 55-6170.

Meaning of "resident". — The term "resident" as used in this statute means a person who maintains his "domicile" in this state. Domicile is defined as that place where a person maintains his residence with the intention to live there indefinitely. Once established he may leave it and the place may remain his domicile if he intends to return. 1955 Op. Att'y Gen. No. 55-6302.

Effect of absence from state for military service. — Mere absence from this state by reason of being in the military service does not change that person's domicile in New Mexico, and thus his or her children would be eligible for admission without payment of the nonresident fee. 1955 Op. Att'y Gen. No. 55-6302.

Effect of mere presence by nonresident. — The mere presence of a soldier or sailor from another state at a post in New Mexico does not by that fact alone establish his residence here and for that reason his or her children would not be eligible for admission without payment of a nonresident fee. However, such a person could establish his residence here. 1955 Op. Att'y Gen. No. 55-6302.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 19 to 22; 68 Am. Jur. 2d Schools §§ 212, 213.

Validity of exaction of fees from children attending elementary or secondary public schools, 41 A.L.R.3d 752.

79 C.J.S. School and School Districts §§ 449, 455, 466.