HOUSE JOINT RESOLUTION 4

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Rick Miera and Timothy M. Keller

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO TO CREATE A NONPARTISAN ELECTED STATE BOARD OF EDUCATION TO MAKE EDUCATION POLICY AND APPOINT A QUALIFIED SUPERINTENDENT OF PUBLIC INSTRUCTION TO DIRECT THE OPERATION OF THE PUBLIC EDUCATION DEPARTMENT.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 12, Section 6 of the constitution of New Mexico to read:

          "A. There is hereby created a "public education department" and a ["public education commission"] "state board of education" that shall have such powers and duties as provided by law. [The department shall be a cabinet department headed by a secretary of public education who is a qualified, experienced educator who shall be appointed by the governor and confirmed by the senate.]

          B. Ten members of the [public] state board of education [commission] shall be elected on a nonpartisan basis for staggered terms of four years as provided by law. [Commission] State board of education members shall be residents of the [public] state board of education [commission] district from which [they] the members are elected. Change of residence of a [commission] state board of education member to a place outside the district from which [he] the member was elected shall automatically terminate the term of that member.

          C. The governor shall fill vacancies on the [commission] state board of education by appointment of a resident from the district in which the vacancy occurs until the next regular election for membership on the [commission] state board of education.

          [D. The secretary of public education shall have administrative and regulatory powers and duties, including all functions relating to the distribution of school funds and financial accounting for the public schools to be performed as provided by law.

          E. The elected members of the 2003 state board of education shall constitute the public education commission, if this amendment is approved, until their terms expire and the districts from which the state board of education were elected shall constitute the state public education commission districts until changed by law.]

          D. As of July 1, 2015, the state board of education shall determine public school policy and shall have control, management and direction, including financial direction, distribution of school funds and financial accounting, for all public schools, pursuant to authority and powers provided by law. The board shall appoint a qualified, experienced and licensed educational administrator to be known as the "superintendent of public instruction", who shall, subject to policies established by the state board of education, direct the operation of the public education department.

          E. The initial members of the state board of education shall be those members of the public education commission elected to the commission in 2012 and 2014, each of whom shall serve the remainder of the term for which the member was elected. The districts from which the members of the public education commission were elected in 2012 and 2014 shall constitute the state board of education districts until the districts are redistricted following the federal decennial census as provided by law."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.