A JOINT RESOLUTION
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 ELECTED PUBLIC EDUCATION
COMMISSION.
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 "public
education department" and a "public education commission" that
shall have such powers and duties as provided by law. The department shall be a cabinet department
headed by a secretary of public education who is a qualified, experienced
educator who shall be appointed by the governor and confirmed by the senate.
B. Ten members of the public education
commission shall be elected for staggered terms of four years as provided by
law. Commission members shall be
residents of the public education commission district from which they are
elected. Change of residence of a
commission member to a place outside the district from which he was elected
shall automatically terminate the term of that member.
C. The governor shall fill vacancies on the
commission by appointment of a resident from the district in which the vacancy
occurs until the next regular election for membership on the commission.
D. The secretary of public education shall have
administrative and regulatory powers and duties, including all functions
relating to the distribution of school funds and financial accounting for the
public schools to be performed as provided by law.
E. The elected members of the 2003 state board
of education shall constitute the public education commission, if this
amendment is approved, until their terms expire and the districts from which
the state board of education were elected shall constitute the state public
education commission districts until changed 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 that may be
called for that purpose.