Provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of the state and free from sectarian control, and said schools shall always be conducted in English.

ANNOTATIONS

Cross references. — For provision for free public school system, see N.M. Const., art. XII, § 1.

For exclusive control of state, see N.M. Const., art. XII, § 3.

For teachers learning English and Spanish, see N.M. Const., art. XII, § 8.

For educational rights of children of Spanish descent, see N.M. Const., art. XII, § 10.

Comparable provisions. — Utah Const., art. III, Fourth.

Wyoming Const., art. XXI, § 28.

Congress encouraged state to provide public education to all citizens. — Indicative of congressional policy of encouraging New Mexico to provide public education to all of its citizens, including Indians, is § 2 D of Enabling Act (see Pamphlet 3) which orders that provision be made for establishment and maintenance of system of public schools open to all children of state and free from sectarian control, which mandate is picked up in N.M. Const., art. XII, § 1, and this section. Prince v. Board of Educ., 1975-NMSC-068, 88 N.M. 548, 543 P.2d 1176.

Federal government also has duty to educate Indians. — Federal government, in compliance with treaty obligations to Navajo tribe, has duty to provide for education and other services needed by Indians. Prince v. Board of Educ., 1975-NMSC-068, 88 N.M. 548, 543 P.2d 1176.

Large school districts effective denial of free education. — If school districts are made so large that children are unable to make trip to school and back home each day, then they are denied a free school just as effectively as if no school existed. Prince v. Board of Educ., 1975-NMSC-068, 88 N.M. 548, 543 P.2d 1176.

Teachers belonging to religious orders restricted. — Members of religious orders who are employed as public school teachers must refrain from teaching sectarian religion and doctrines and from disseminating religious literature while on duty; they must be under actual control and supervision of responsible school authorities. Zellers v. Huff, 1951-NMSC-072, 55 N.M. 501, 236 P.2d 949.

Wearing of religious garb and insignia must be barred during time members of religious orders are on duty as public school teachers. Zellers v. Huff, 1951-NMSC-072, 55 N.M. 501, 236 P.2d 949.

Penalty for sectarian teaching. — Barring certain members of religious orders from again teaching after they had knowingly taught sectarian religion during regular school hours was not improper. Zellers v. Huff, 1951-NMSC-072, 55 N.M. 501, 236 P.2d 949.

Non-English languages not excluded. — Phrase "said schools shall always be conducted in English" means that English shall always be used, but not to exclusion of every other language. 1971 Op. Att'y Gen. No. 71-102.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 6, 115, 337 to 346, 348 to 358.

Constitutionality and construction of statutes in relation to admission of nonresident pupils to school privileges, 72 A.L.R. 499, 113 A.L.R. 177.

What is common or public school within contemplation of constitutional or statutory provision, 113 A.L.R. 697.

Inclusion of period of service in sectarian school in determining public school teachers' seniority, salary or retirement benefits, as a violation of constitutional separation of church and state, 2 A.L.R.2d 1033.

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

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

Wearing of religious garb by public school teachers, 60 A.L.R.2d 300.

Use of public school premises for religious purposes during nonschool time, 79 A.L.R.2d 1148.

Public payment of tuition, scholarship or the like, to sectarian school, 81 A.L.R.2d 1309.

Furnishing free textbooks to sectarian school or student therein, 93 A.L.R.2d 986.

Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.

Bible distribution or use in public schools - modern cases, 111 A.L.R. Fed. 121.

78 C.J.S. Schools and School Districts § 4 et seq.; 78A C.J.S. Schools and School Districts § 781.