A. It is unlawful for any private school, or its agent, to canvass a prospective student in New Mexico for the purpose of selling to the student a scholarship or collecting tuition from the student in advance of the date for registration for the school without first obtaining a permit from the state board [department]. This shall not be construed to prevent canvassing by schools for prospective students where no scholarship is sold or where no fee for tuition is collected in advance of registration. This shall also not be construed to prevent a school from advertising.

B. To obtain a permit as required by this section, an application shall be filed with the state board [department], signed by an authorized representative of the school, accompanied by any reasonable fee required by the state board and containing the following:

(1) the name and location of the school seeking the permit;

(2) the number of instructors employed by the school;

(3) the courses of instruction offered by the school; and

(4) any additional information required by the state board [department].

C. The state board may revoke, at any time, any permit issued by it for satisfactory cause.

D. Any person violating any provisions of this section is guilty of a petty misdemeanor.

History: 1953 Comp., § 77-11-11, enacted by Laws 1967, ch. 16, § 190.

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

For designation of the public education department as the sole educational agency of state for administration or supervision of state plan established for funds received pursuant to federal statute relating to school lunch programs, see 22-9-2 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of private school or educational institution for breach of contract arising from provision of deficient educational instruction, 46 A.L.R.5th 581.

Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student, 47 A.L.R.5th 1.

78 C.J.S. Schools and School Districts §§ 58, 811.