Every child of school age and of sufficient physical and mental ability shall be required to attend a public or other school during such period and for such time as may be prescribed by law.

ANNOTATIONS

Cross references. — For statutory provisions regarding compulsory school attendance, see 22-12-1 NMSA 1978 et seq.

No contractual right to education. — The right and privilege to a free public education does not give rise to a contractual relationship for which an individual may sue for breach of contract. Rubio ex rel. Rubio v. Carlsbad Mun. Sch. Dist., 1987-NMCA-127, 106 N.M. 446, 744 P.2d 919.

Duty to protect children. — Compulsory attendance laws in no way restrain a child's liberty so as to render the child and his parents unable to care for the child's basic needs. Thus, the state does not incur under the due process clause an affirmative duty to protect school children who attend state-run schools from deprivations by private actors merely on the basis of compulsory attendance laws. Maldonado v. Josey, 975 F.2d 727 (10th Cir. 1992), cert. denied, 507 U.S. 914, 113 S. Ct. 1266, 122 L. Ed. 2d 662 (1993).

Excuse from school to attend religious exercises requires specific legislation. — In order to excuse children from school for certain period of time to attend religious exercises away from school property, this section and 22-12-2 NMSA 1978 require that specific legislation be adopted. 1969 Op. Att'y Gen. No. 69-16.

Law reviews. — For comment, "Compulsory School Attendance - Who Directs the Education of a Child? State v. Edgington," see 14 N.M. L. Rev. 453 (1984).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 228 to 239.

Extent of legislative power with respect to attendance, 39 A.L.R. 477, 53 A.L.R. 832.

Releasing public school pupils from attendance for purpose of receiving religious instruction, 2 A.L.R.2d 1371.

Religious beliefs of parents as defense to prosecution for failure to comply with compulsory education law, 3 A.L.R.2d 1401.

Applicability of compulsory attendance law covering children of a specified age, with respect to a child who has passed the anniversary date of such age, 73 A.L.R.2d 874.

What constitutes "private school" within statute making attendance at such a school compliance with compulsory school attendance law, 65 A.L.R.3d 1222.

AIDS infection as affecting right to attend public school, 60 A.L.R.4th 15.

79 C.J.S. Schools and School Districts § 463.