45th legislature - STATE OF NEW MEXICO - first session, 2001
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO TO ABOLISH THE STATE BOARD OF EDUCATION AND TRANSFER ITS DUTIES TO THE STATE DEPARTMENT OF PUBLIC EDUCATION AND TO CHANGE THE STATE DEPARTMENT OF PUBLIC EDUCATION TO A CABINET DEPARTMENT HEADED BY A SECRETARY OF PUBLIC EDUCATION WHO SHALL SERVE IN THE EXECUTIVE CABINET.
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 "state department of
public education" [and a "state board of education". The
state board of education] within the executive department
headed by a secretary of public education who shall be
appointed by the governor with the consent of the senate to
serve as a member of the governor's cabinet. The state
department of public education shall determine public school
policy and vocational educational 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 educational administrator to be known as] The
[superintendent] secretary of public [instruction who]
education shall [subject to the policies established by the
board] direct the operation of the state department of public
education as provided by law.
[B. Ten members of the state board of education
who shall be state officers shall be elected for staggered
terms of four years as provided by law. Board members shall be
residents of the board of education district from which they
are elected. Change of residence of a board member to a place
outside the district from which he was elected shall
automatically terminate the term of that member.
C. Five members of the state board of education
who shall be state officers shall be nominated and by and with
the consent of the senate appointed by the governor from five
districts substantially equal in population for staggered
four-year terms as provided by law. Those appointed by the
governor shall be qualified electors of the state of New
Mexico, no more than one-half or a simple majority of whom at
the time of their appointment shall be members of the same
political party. After 1990, the number of appointed members
may be changed by law not to exceed five members.
D. The governor shall fill vacancies on the board
by appointment of a resident from the district in which the
vacancy occurs until the next regular election for membership
on the board.
E. Upon adoption of this amendment] B. All
functions relating to the distribution of school funds and
financial accounting for the public schools shall be
transferred to the state department of public education to be
performed as provided by law.
C. The state board of education shall cease to exist and the terms of state board of education members shall expire on December 31 of the year this amendment is adopted."
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.