45th legislature - STATE OF NEW MEXICO - first session, 2001
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO 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 department" and a "state board of
education". The [state board of 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 of public instruction who shall, subject
to the policies established by the board, direct] department
shall be a cabinet department headed by a secretary of public
education who is a qualified, experienced educational
administrator and who shall be appointed by the governor and
confirmed by the senate. The governor shall consider
recommendations of the state board of education when naming
the secretary. The operation of the [state department of]
public education department shall be 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.] C. 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]
D. 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 department to be performed 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 which may be called for that purpose.