45th legislature - STATE OF NEW MEXICO - second session, 2002
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO TO TRANSFER THE STATE DEPARTMENT OF PUBLIC EDUCATION TO A CABINET DEPARTMENT HEADED BY A SECRETARY OF PUBLIC EDUCATION WHO SHALL SERVE IN THE EXECUTIVE CABINET AND TO CREATE AN ALL-ELECTED STATE BOARD OF EDUCATION.
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 on the recommendation of the state board of education
as prescribed by law and confirmed by the senate. The
secretary of public education, with the advice of the state
board of education, shall determine public school policy and
vocational educational policy. The secretary, after
consulting with the state board of education, 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 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.
E. On January 1, 2003, the elected members of the 2002 state board of education and members elected at the general election of 2002 shall constitute the state board of education if this amendment is approved."
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 that may be called for that purpose.