Attorney General Opinions and Advisory Letters

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Opinion No. 25-3815

April 4, 1925

BY: JAMES N. BUJAC, Assistant Attorney General

TO: Requested by: Miss Isabel L. Eckles, Superintendent of Public Instruction, April 3, 1925, Santa Fe, N.M.

Provisions of Section 806, Chapter 148, Session Laws of 1923, Apply only to Consolidation of Rural School Districts.

OPINION

Your request is as follows:

"Would Section 806 Chapter 148 Session Laws of 1923 apply as to limitation of boundaries of a proposed change into two districts?"

There is a prohibition in Section 806 against a consolidation which would make any boundary more than ten miles but this prohibition appears to apply only to consolidation and not to division of districts. In fact, none of the restrictions in Section 806 appear to apply to divisions of districts and the law does not seem to cover the proposition of division of districts.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.