46th legislature - STATE OF NEW MEXICO - first session, 2003
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR A CABINET-LEVEL STATE EDUCATION DEPARTMENT UNDER THE CONTROL OF THE GOVERNOR.
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 shall determine public school policy and
vocational educational policy and] The "state education
department" is created as a cabinet department of the executive
branch 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] governor
shall appoint a qualified, experienced educational
administrator to [be known as the superintendent of public
instruction, who shall, subject to the policies established by
the board] direct the operation of the state [department of
public] education department.
[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.] B. Upon adoption of this amendment, all
functions relating to the distribution of school funds and
financial accounting for the public schools shall be
transferred to the state education department [of public
education] to be performed as provided by law."
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 education prior to that date that may be called for that purpose.