46th legislature - STATE OF NEW MEXICO - first session, 2003
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO TO CHANGE THE STATE BOARD OF EDUCATION TO AN APPOINTED BOARD AND TO CHANGE THE STATE DEPARTMENT OF PUBLIC EDUCATION TO A CABINET DEPARTMENT HEADED BY A SECRETARY OF PUBLIC EDUCATION WHO SHALL SERVE IN THE EXECUTIVE CABINET.
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 "[state department
of] public education [and a "state board of education". The
state board of education] department" within the executive
department headed by a secretary of public education who shall
be appointed by the governor with the consent of the senate to
serve as a member of the governor's cabinet. The public
education department shall determine public school policy and
vocational educational policy and 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 board shall appoint a qualified, experienced
educational administrator to be known as] The [superintendent]
secretary of public [instruction who] education shall [subject
to the policies established by the board] direct the operation
of the [state department of] public education department as
provided by law.
[B. Ten members of the state board of education who
shall be state officers shall be elected for staggered terms of
four years as provided by law. Board members shall be
residents of the board of education district from which they
are elected. Change of residence of a board member to a place
outside the district from which he was elected shall
automatically terminate the term of that member.
C. Five members of the state board of education who
shall be state officers shall be nominated and by and with the
consent of the senate appointed by the governor from five
districts substantially equal in population for staggered
four-year terms as provided by law. Those appointed by the
governor shall be qualified electors of the state of New
Mexico, no more than one-half or a simple majority of whom at
the time of their appointment shall be members of the same
political party. After 1990, the number of appointed members
may be changed by law not to exceed five members.
D. The governor shall fill vacancies on the board
by appointment of a resident from the district in which the
vacancy occurs until the next regular election for membership
on the board.
E. Upon adoption of this amendment]
B. The governor shall appoint an advisory "state board of education" as provided by law.
C. All functions relating to the distribution of
school funds and financial accounting for the public schools
shall be transferred to the [state department of] public
education department to be performed as provided by law.
D. The state board of education in existence at the time of adoption of this amendment shall cease to exist and the terms of state board of education members shall expire on December 31 of the year this amendment is adopted."
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.