Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
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Previously issued FIRs and attachments may also be obtained from the LFC
in
SPONSOR |
Nava |
DATE TYPED |
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HB |
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SHORT
TITLE |
Public Education Department Act |
SB |
151/aHEC |
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ANALYST |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY04 |
FY05 |
FY04 |
FY05 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
New
Mexico Public Education Department (PED)
SUMMARY
Synopsis
of HEC Amendment
The House Education Committee amendment to
Senate Bill 151 is technical in nature and clarifies the original intent of
Senate Bill 151.
Synopsis of Orginial Bill
Senate Bill 151 creates the Public Education
Department (PED), creates the Public Education Commission (PEC), enacts the
Public Education Department Act, removes librarians from the definition of
instructional support provider and amends, repeals, enacts and recompiles
certain sections of the NMSA 1978.
Significant Issues
The PED indicates that Senate Bill 151 effectuates the
permanent implementation of the amendment to Article XII, Section 6 of the
Constitution of New Mexico adopted by the voters.
The bill establishes the PED as a cabinet
department in the Executive Branch. The
Secretary of Public Education is given the authority to organize the PED and is
directed to make recommendations to the first session of the 47th
legislature on the PED’s statutory organization.
Section 8 establishes the
duties and general powers of the Secretary in accordance with the Executive Reorganization
Act.
Section 9 reiterates the
structure of the PEC and establishes the organization of the PEC. Section 13 amends the general
definition section of the Public School Code. The amendments include the
removal of librarians from the definition of “instructional support provider” ; this amendment is also reflected in Section 25 with
regard to Instructional Support Provider Licenses.
Section 14 sets forth the
general powers of the Secretary and PED.
Section 15 repeals the
former section establishing the duties of the New Mexico State Board of
Education (SBE) and , in lieu thereof, establishes the
general duties of the PED. Section 17 establishes
the duties of PEC, which include (i) working with the PED to develop the
five-year strategic plan for public elementary and secondary education in the
state; (ii) soliciting input on policy and governance and reporting its
findings and recommendations to the Secretary and the Legislature; (iii)
recommending to the Secretary conduct and process guidelines and training curricula
for local school boards; and (iv) hearing appeals from decisions of the PED as
provided by law.
Section 18 provides that
decisions of the PED to suspend from authority a local school board, local
superintendent or school principal may be appealed to the PEC; the Secretary
may also appeal the decision to the PEC.
Section 19 provides for
an appeal of the suspension to the PEC and further provides that a local school
board, local superintendent of school principal or the Secretary aggrieved by
the decision of the PEC may appeal to the district court.
Section 20 consolidates
the statutory language with respect to assessment and accountability system
reporting.
Section 21 amends the
powers and duties of local school boards to include the requirement that the
local school board give prior approval for any educational program in a public
school in the school district that is to be conducted, sponsored, carried on or
caused to be carried on by a private organization or agency. This requirement
is currently included within the statutory language relating to the duties of
the SBE.
Section 12, 23, and 24
establishes the PED as the sole educational agency of the state for purposes of
aid made available through federal statute.
Section 26 consolidates
the statutory language with respect to professional development.
Section 27 amends the
definitions in the Educational Retirement Act. Section 28 is a temporary provision
to provide for the transfer from the State Department of Public Education (SDE)
to the PED and to provide for continuity of references in law.
Section 29 provides for
the recompilation of provisions relating to adult basic education from the Public
School Code to Chapter 21 to reflect Laws 2003, Chapter 394 (transferring the
function relating to adult basic education to the Commission on Higher
Education).
Section 30 repeals Laws
2003, Chapter 143 ( Senate Bill 911, which provided
for the transfer of authority to PED and Secretary upon adoption of the
amendment to Article XII, Section 6. The Act also contained delayed repeals of
Articles 1 (General Provision), 2 ( State Board of Education ), 13 ( Courses of
Instruction and School Programs, 13A ( previously repealed) and 15 ( Instructional
Material) of Chapter 22 NMSA 1978. Section 30 also repeals Section 22-1-6.1 (
high school graduation rates; reporting in accountability report- incorporated
in Section 20 of SB 151) and Section
FISCAL IMPLICATIONS
Senate Bill 151 does not contain an
appropriation. The funding for Public School Support and PED is addressed
through the appropriation process.
ADMINISTRATIVE IMPLICATIONS
According to PED, the
department will experience an initial administrative impact during the
implementation of the constitutional structure adopted by the voters. This
will, however, provide the foundation for the long-term implementation of the
amendment to Article XII, Section 6 of the Constitution of New Mexico.
DUPLICATION and RELATIONSHIP
The PED indicates that
House Bill 96 duplicates the provisions of SB 151. House Bill 161, if adopted,
will repeal Laws 2003, Chapter 143 “ which repealed certain articles of the
Public School Code and provided for the transition to the Public Education
Department upon adoption of Constitutional Amendment 1 of 2003.” This bill
contains an emergency clause. Section 30 of SB151 also proposes the repeal of
Laws 2003, Chapter 143; SB151 does not, however, contain an emergency clause.
TECHNICAL ISSUES
The PED notes that Section
4 omits the State Transportation Division from the listing of the current
statutory divisions and bureaus of the PED.
Section 18
provides that the Secretary may appeal a decision of the PED to suspend from
authority a local school board, local superintendent or school principal to the
PEC. Given the constitutional and proposed statutory construct, the Secretary
would in effect by appealing her own decision. The language is also
inconsistent with the appeal provision in Section 19, which does not
afford the right to appeal to the PEC to the Secretary.
OTHER SUBSTANTIVE ISSUES
According to PED, SB 151
supports the implementation of the amendment to Article XII, Section 6 of the
Constitution of New Mexico by establishing the PED as a cabinet department
within the executive branch.
RS/njw:lg:dm