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|
SPONSOR: |
Stewart |
DATE TYPED: |
01/30/03 |
HB |
HJR 7 |
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SHORT TITLE: |
Education Department and Board |
SB |
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ANALYST: |
L. Baca |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
Indeterminate |
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|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates SJR 5
Relates to SJR 2 and SJR 12
Responses
Received From
State
Department of Education (SDE)
SUMMARY
Synopsis
of Bill
House Senate Joint
Resolution 2 proposes to amend Article 12, Section 6 of the New Mexico
Constitution to transfer the SDE to a cabinet department headed by a Secretary
of Public Education appointed by the Governor, abolish the current State Board
of Education (SBE) and create a ten member all-elected SBE.
This SJR was submitted
for the LESC.
Significant
Issues
This bill proposes a change in the governance structure
of New Mexico’s public school system by making SDE a cabinet level agency in
the Executive Branch and having the Secretary of Public Education appointed by
the Governor with the consent of the State Senate. The Secretary, with the advise of the SBE, shall determine school
policy and vocational education policy.
The Secretary, after consulting with the SBE 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 current 15 member SBE is abolished and
replaced with a ten member all-elected SBE.
FISCAL IMPLICATIONS
Any additional
expenses or cost savings associated with this change are unknown.
ADMINISTRATIVE IMPLICATIONS
The SDE analysis sees
a potential for instability based on the political and administrative philosophy
of incumbent governors, a condition which could compromise or eliminate
continuity and stability in the state’s public school system.
In addition, states
the SDE analysis, the adoption of SJR 5 could require a reassessment, rewriting
and re-adoption of the Public School Code and all existing rules and
regulations.
CONFLICT
In its analysis, the
SDE cites three sections of potential conflict between the proposed amendment
and existing provision 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.
POSSIBLE QUESTIONS
1.
Would it be desirable to reassess all existing
statutes and rules and regulations?
2.
The “new” agency would operate as provided in
law. Wouldn’t this provide stability?
3.
How would this proposed change improve the
effectiveness of the public schools.