New Mexico legislation · 2026 Regular Session
New Mexico HB245: DENIAL OF ENROLLMENT TO SCHOOL
Status: Failed, January 29, 2026
What the bill says
An act relating to public schools; providing that a public school shall not deny enrollment to a school-age person on the basis of race, ethnicity, sex, religion, disability, socioeconomic status or residential address; limiting a local school board's ability to establish enrollment preferences; requiring local school boards to determine the capacity of each public school by grade level, post the number of vacancies at least once every twelve weeks and enroll applicants throughout the year on a first-come, first-served basis if capacity allows…
From the introduced text, January 29, 2026:
AN ACT RELATING TO PUBLIC SCHOOLS; PROVIDING THAT A PUBLIC SCHOOL SHALL NOT DENY ENROLLMENT TO A SCHOOL-AGE PERSON ON THE BASIS OF RACE, ETHNICITY, SEX, RELIGION, DISABILITY, SOCIOECONOMIC STATUS OR RESIDENTIAL ADDRESS; LIMITING A LOCAL SCHOOL BOARD'S ABILITY TO ESTABLISH ENROLLMENT PREFERENCES; REQUIRING LOCAL SCHOOL BOARDS TO DETERMINE THE CAPACITY OF EACH PUBLIC SCHOOL BY GRADE LEVEL, POST THE NUMBER OF VACANCIES AT LEAST ONCE EVERY TWELVE WEEKS AND ENROLL APPLICANTS THROUGHOUT THE YEAR ON A FIRST-COME, FIRST-SERVED BASIS IF CAPACITY ALLOWS; REQUIRING LOCAL SCHOOL BOARDS TO REPORT ANNUALLY TO THE PUBLIC EDUCATION DEPARTMENT ON ENROLLMENT DATA FOR EACH PUBLIC SCHOOL AND REQUIRING THE DEPARTMENT TO PUBLISH THAT DATA ON THE DEPARTMENT'S WEBSITE; MAKING CONFORMING AMENDMENTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: .233324.2 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ SECTION 1. Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended) is amended to read: "22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND ENROLLING--OPEN ENROLLMENT.-- A. Except as provided by Section 24-5-2 NMSA 1978, and except as provided in Subsection [H] J of this section, a free public school education shall be available to any schoolage person who is a resident of this state and has not received a high school diploma or its equivalent. B. A free public school education …
Sponsors
- (R, HD-038) · primary sponsor