45th legislature - STATE OF NEW MEXICO - first session, 2001

PROPOSING AN AMENDMENT TO ARTICLE 12 OF THE CONSTITUTION OF NEW MEXICO TO ENHANCE THE MANAGEMENT OF THE EDUCATION SYSTEM FROM KINDERGARTEN THROUGH BACCALAUREATE DEGREE PROGRAMS BY REPLACING THE STATE BOARD OF EDUCATION WITH AN ALL-ELECTED FIFTEEN-MEMBER COMMISSION RESPONSIBLE FOR NOMINATING CANDIDATES TO THE GOVERNOR FOR APPOINTMENT AS SECRETARY OF EDUCATION AND PROVIDING FOR EDUCATION POLICY DETERMINATION AND CLEARER FINANCIAL ACCOUNTABILITY.

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. There is hereby created a "department of education" within the executive department headed by a "secretary of education" and an elected "commission of education".

B. There shall be a fifteen-member commission of education whose members shall be state officers and shall be elected from districts for staggered terms of four years as provided by law. The commissioners shall be residents of the commission of education district from which they are elected. Change of residence of a commission member to a place outside the district from which the member was elected shall automatically terminate the term of that member.

C. The governor shall fill vacancies on the commission 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.

D. The commission of education shall nominate qualified, experienced educational administrators to the governor for his cabinet appointment as secretary of education. The governor shall appoint the secretary of education from the list of candidates submitted by the commission. The secretary of education shall be appointed for a six-year term and shall only be removed during his term for malfeasance, misfeasance or nonfeasance.

E. The secretary of education and the commission of education shall determine public school and vocational educational policy and shall manage and direct the distribution of school funds and the financial accounting for all public schools and baccalaureate programs, pursuant to authority and powers provided by law.

F. If this amendment is adopted by the people at the general election in 2002, all terms of state board of education members then serving shall terminate December 31, 2002."

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 which may be called for that purpose.