HOUSE JOINT RESOLUTION 4

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Alan T. Martinez

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 12 OF THE CONSTITUTION OF NEW MEXICO BY REPEALING SECTION 6 AND ADDING A NEW SECTION 6 TO REPLACE THE CURRENT PUBLIC EDUCATION COMMISSION WITH A STATE BOARD OF EDUCATION THAT APPOINTS A SUPERINTENDENT OF PUBLIC INSTRUCTION TO CARRY OUT THE POLICIES OF THE BOARD AND TO PROVIDE BY LAW FOR AN INDEPENDENT STATE CHARTERING AUTHORITY FOR STATE-CHARTERED CHARTER SCHOOLS.

 

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

     SECTION 1. It is proposed to amend Article 12 of the constitution of New Mexico by repealing Section 6 and adding a new Section 6 to read:

          "A. The "state board of education" and the "public education department" are created. The state board of education shall determine public school policy and career technical education policy and shall have control, management and direction, including financial direction, distribution of school funds and financial accounting, for all public schools pursuant to the authority and powers provided by law. The board shall appoint a qualified, experienced and currently licensed educator to be known as the "superintendent of public instruction" who shall direct the operations of the public education department pursuant to board policies and directions.

          B. The state board of education shall consist of ten members elected for staggered terms of four years as provided by law. Members shall be residents of the district from which the members are elected. Change of residence of a member to a place outside the district from which the member was elected shall automatically be deemed the resignation of the member. The legislature shall provide by law for qualifications of members.

          C. A vacancy on the state board of education shall be filled by appointment by the governor, with the advice and consent of the senate, for the remainder of the original term.

          D. After the adoption of this amendment, all members of the state board of education shall be elected at the general election held in 2028 for staggered terms beginning January 1, 2029 as provided by law.

          E. The public education commission districts shall be the state board of education districts until redistricted after the 2030 federal decennial census. The public education commission shall exercise its powers and duties until replaced by members of the state board of education on January 1, 2029.

          F. The secretary of public education shall serve as the superintendent of public instruction until the secretary is replaced by the state board of education.

          G. The legislature shall provide by law for an independent state chartering authority for state-chartered charter schools."

     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.

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