0[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:

Marquardt

 

DATE TYPED:

1-31-02

 

HB

HJR 9

 

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

 

 

 

NFI

 

 

 

 

(Parenthesis) Indicate Expenditure Decreases)

 

Relates to  SJR 1, SJR 12, HJR 1                                          

 

SOURCES OF INFORMATION

 

State Department of Education (SDE)

LFC files

 

SUMMARY

 

     Synopsis of Bill

 

House Joint Resolution 9 proposes to amend Article XII, Section 6 of the New Mexico Constitution to provide for a Secretary of Public Education appointed by the Governor with the advise and consent of the Senate and to abolish the State Board of Education (SBE).

 

If the people in the general election of 2002 adopt HJR 9, the Secretary of State shall not certify the results of the 2002 election of state board members, and the SBE will be abolished as of January 1, 2003. All functions and responsibilities of the State Department of Education (SDE) will be transferred to the Public Education Department.

 

The amendment proposed by this resolution is to be submitted to the people for their approval or rejection at the next general election or at any special election called prior to that time.

 

     Significant Issues

 

The public education governance structure in New Mexico is now composed of 10 elected and 5 appointed SBE members.  The SBE is charged with appointing a Superintendent of Public Instruction who directs the operations of the SDE. This process grants the citizens of New Mexico a constitutional right to influence state educational policy makers and establishes a direct link between citizens, communities and policy-makers.  The five board members appointed by the Governor with the consent of the Senate can provide him with an opportunity to influence the development of educational policy for the state.   Adoption of this amendment require that different approaches be developed to all citizen “input” in the development of educational policy for public schools.

 

FISCAL IMPLICATIONS

 

Indeterminable costs to the general fund may arise if this bill passes and New Mexico citizens subsequently vote to amend the constitution.  A comprehensive review of the Public School Code and existing policies and regulations may be necessary. 

 

ADMINISTRATIVE IMPLICATIONS

 

Revision of the Public School code and comprehensive review and adoption of new or revised regulatory provisions may be necessary.

 

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

 

HJR 9 relates to HJR 1 (Secretary of Public Education), SJR 1 (Secretary of Public Education) and SJR 12 (Secretary of Public Education).

 

OTHER SUBSTANTIVE ISSUES

 

According to SDE, New Mexico and many other states have determined that educational policy should be made in a manner requiring the involvement of as many citizens as possible.  Centralization education under one state-level entity, whether a bureaucracy or single elected official, would operate in a manner inconsistent with the current system of broad-based citizen involvement.  New Mexico’s elected SBE members represent defined districts and establish a link between individuals and communities, and voters now have the right to directly express their concerns relating to educational issues.  Also, revision of the state’s public educational system and philosophy on a periodic basis in accordance with the goals of a newly elected governor could make long-term planning difficult.

 

In addition, the SDE states that the current data does not indicate that a change in governance will improve student achievement.  An analysis of 42 participating states and their national Assessment of Educational Progress (NAEP) test scores does not show a significant correlation between student achievement and various governance models.

 

TECHNICAL ISSUES

 

The following sections of the Constitution of New Mexico also relate to the SBE and State Superintendent of Public and may require revision:

 

Article V, Section 3 provides that “ No person shall be eligible to the office of superintendent of public instruction unless he be a trained and experienced educator.” 

 

Article V, Section 12 addresses the compensation of executive officers and includes therin the superintendent of public instruction.

LB/njw

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