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SPONSOR: |
Roberts |
DATE TYPED: |
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HB |
HJR 10 |
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SHORT TITLE: |
Cabinet-level Department of Education CA |
SB |
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ANALYST: |
L. Baca |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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Indeterminate |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Relates to HJR 7, HJR 12, HJR 15, SJR 2, SJR 5,
SJR 22 & HB 310
LFC Files
Responses
Received From
State Department of Education (SDE)
SUMMARY
Synopsis
of Bill
House Joint Resolution
10 proposes to amend Article 12, Section 6 of the Constitution of New Mexico to
change the State Board of Education to an advisory state board of education appointed
by the governor, to create a Department of Public Education within the
executive department headed by a Secretary of Public Education who shall be
appointed by the Governor with the advise and consent of the Senate, and to dissolve
the existing state board on December 31st of the year in which this
amendment is adopted.
Significant Issues
HJR 10 proposes to transfer all programmatic and
financial duties and responsibilities from the current SDE to the “new”
Department of Public Education. The new
department is to carry out these duties and responsibilities pursuant to
authority and powers as provided by law.
Unlike the current provisions in the New Mexico
State Constitution, HJR 10 does not specify that the Secretary for Education
must be a qualified, experienced educator nor does it delineate the
responsibilities of the advisory board.
FISCAL IMPLICATIONS
Any additional costs
or savings accruing to adoption of this amendment are indeterminate.
ADMINISTRATIVE IMPLICATIONS
If this amendment is
adopted, the SDE analysis foresees a restructuring of public education’s
governance system that could potentially require a reassessment and re-writing
of the Public School Code. In addition,
the SDE analysis cites the potential for instability in management and
philosophies associated with changes in governors.
CONFLICT, RELATIONSHIP
In its analysis, the
SDE cites three sections of potential conflict between the proposed amendment
and existing provisions of the state Constitution cited below:
Article
V, Section 3 provides that “No person shall be eligible to the office of supeintendent of public instruction unless he be a trained and experienced educator.”
Article
V, Section 12 addresses the compensation of executive officers and includes the superintendent of
public instruction.
Article XII, section 15 provides
that the SBE shall by resolution establish the terms
of the first board elected
after the creation of a seven-member local school board.
HJR 10 relates to:
HJR
7, Cabinet-level Department of Education and SJR 5,
Education and Board, are identical bills that propose amending the state
constitution to create a Cabinet-level Secretary of Education and to
reconstitute the current board as a ten member group elected from designated districts;
HJR
15, SJR 2, and SJR 12, are identical bills that propose
amending the state constitution to create an education department within the
executive branch under the direction of an administrator appointed by the
Governor and to abolish the SBE.
1.
Has
the State Board taken a position on this resolution ?
2. How would we improve
public schools if this amendment is approved
by the voters ?