NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Nava

 

DATE TYPED:

01/30/03

 

HB

 

 

SHORT TITLE:

Education Department and Board

 

SB

SJR 5

 

 

ANALYST:

L. Baca

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

Indeterminate

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HJR 7

Relates to SJR 5 and SJR 12

 

SOURCES OF INFORMATION

 

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.

 

 

LRB/sb