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SPONSOR: |
Nava |
DATE TYPED: |
01/30/03 |
HB |
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SHORT TITLE: |
Education Department and Board |
SB |
SJR 5 |
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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)
Duplicates HJR 7
Relates to SJR 5 and SJR 12
Responses
Received From
State
Department of Education (SDE)
SUMMARY
Synopsis
of Bill
Senate Joint
Resolution 5 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.