[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Hobbs

 

DATE TYPED:

01/23/02

 

HB

HJR 1

 

SHORT TITLE:

Secretary of Public Education

 

SB

 

 

 

ANALYST:

Baca

 

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

 

$0.1 See Narrative

 

 

 

 

Duplicates  SJR 1

 

SOURCES OF INFORMATION

 

State Department of Education (SDE)

 

SUMMARY

 

     Synopsis of Bill

 

HJR 1 proposes an amendment to Article XII, Section 6 of the New Mexico Constitution to create a public education department within the executive department headed by a cabinet-level secretary of public education appointed by the Governor with the consent of the Senate.  HJR 1 further proposes the appointment of an advisory board of education appointed by the Governor as provided by law.

 

     Significant Issues

 

HJR 1 will create a Department of Public Education within the executive branch of government.  All powers and duties currently carried out by the SDE would be transferred to the new department and carried out as provided by law.  These responsibilities include the determination of public school policy and vocational education policy and control, management and direction, including financial direction, distribution of school funds and financial accounting of all public schools pursuant to authority provided by law.

 

The Governor shall appoint an advisory state board of education as provided by law.

 

FISCAL IMPLICATIONS

 

HJR 1 does not contain an appropriation.  However, some costs may be incurred in the transfer of responsibilities should it be adopted by the voters.   The SDE analysis states,  “…Inasmuch as SJR 1 proposes an advisory state board of education, it appears that no savings will be realized with regard to the operations of a state-level board.”

 

ADMINISTRATIVE IMPLICATIONS

 

The SDE analysis states HJR 1 if adopted by the voters:

 

1.   Could result in reorganization and restructuring of the public education department and public education on a periodic basis in accordance with the political and administrative philosophies of an incumbent governor; and

 

2.   Could result in a change of cabinet-level secretary and all exempt employees whenever an administration changes because they serve at the pleasure of the governor.

 

The analysis further states that a comprehensive reassessment of the Public School Code will be required along with a review and adoption of regulations currently in place.

 

DUPLICATION

 

HJR 1 is identical to SJR 1.

 

TECHNICAL ISSUES

 

With regard to vocational education, according to the SDE analysis, use of an advisory State Board of Education does not appear to meet the requirements federal law (20 U.S.C. 2301 et.seq.).   Thus creation of an additional board may be necessary.

 

OTHER SUBSTANTIVE ISSUES

 

The analysis points out that HJR 1 does not amend all the provisions that relate to the State Superintendent and the State Board of Education and cites those shown below:

 

1.   Article V, Section 3 would remain and raises questions as to the applicability of the requirements of this provision to an appointed secretary.  (Article V, Section 3 states that "No person shall be eligible to the office of superintendent of public instruction unless he be a trained and experienced educator.")

 

2.  Article XII, Section 15 provides that the State Board of Education shall adopt a resolution to establish the terms of the first board elected after the creation of a seven-member school board.

 

POSSIBLE QUESTIONS

 

1.  Is there a good reason why we should consider a review and possible reorganization of a state agency a positive and sometimes necessary activity?

 

2.  Do we have evidence that a newly elected Governor will replace all exempt positions in an agency under his control?

 

3.  Should we consider a comprehensive review of the Public School Code and existing regulations undesirable? 

 

4.  Or should such an activity be conducted periodically as a matter of sound management practice?

 

5.  Why would the proposed appointed state board not meet federal requirements in the area of vocational education?

 

6.   Is there a constitutional prohibition against applying the constitutional qualifications to an appointed Superintendent of Public Education?

 

LB/ar/njw

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