IAL 111907.

• Case Date: November 19, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. IAL 111907. November 19, 2007IAL 111907The Honorable Vernon D. AsbillNew Mexico State Senator 1502 Mountain Shadow Carlsbad, NM 88220 Re: Opinion Request - Elementary School Physical Education FundingDear Senator Asbill: You have requested our advice regarding whether the New Mexico Public Education Department ("Department") erred in its determination of how to administer the funding for elementary school physical education programs for the school year 2007-08. Specifically, according to your letter: "It is my contention that the funding should be included in the unit value, distributed through the funding formula and each elementary school should share and share alike." Based on our examination of relevant New Mexico statutory authority, case law, and on the information available to us at this time, we conclude that the legislature authorized the Department Secretary to fund elementary school physical education programs by giving priority to schools with the highest proportion of students eligible for Free or Reduced-Fee Lunch ("FRL"). There are two rules of statutory construction that apply to this matter. First, "[w]hen different statutes cover the same subject matter, they should be harmonized and construed together in a way that facilitates their operation when possible." Qwest Corp. v. NMPRC, 2006 - NMSC - 042, ¶ 59, 140 N.M. 440, 494. "Statutes enacted at the same legislative session are peculiarly in pari material." State v. Fidelity & Deposit Co. of Maryland, 36 N.M. 166, 166, 9 P.2d 700 (1932). Second, "principles of statutory construction require that a statute be interpreted with logic and common sense to avoid an absurd result." State v. Portillo, 110 N.M. 135, 137, 793 P.2d 265 (1990). Two relevant 2007 laws deal with funding for elementary school physical education programs. First, the appropriation, found in House Bill 2, provides, in part:

The general fund appropriation to the "state equalization guarantee" distribution contains eight million dollars ($8,000,000) for elementary physical education. After considering those elementary physical education programs eligible for state financial support and the amount of state funding available for elementary physical education, the secretary shall annually determine the programs and the consequent number of students

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