0001| HOUSE JOINT RESOLUTION 13
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| KIP W. NICELY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| A JOINT RESOLUTION
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0011| PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE
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0012| CONSTITUTION OF NEW MEXICO TO ABOLISH THE STATE BOARD OF
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0013| EDUCATION.
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0014|
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0015| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. It is proposed to amend Article 12, Section 6
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0017| of the constitution of New Mexico to read:
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0018| "[A.] There is hereby created a "state department
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0019| of public education" [and a "state board of education". The
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0020| state board of education shall determine public school policy
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0021| and vocational educational policy and shall have control,
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0022| management and direction, including financial direction,
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0023| distribution of school funds and financial accounting for all
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0024| public schools, pursuant to authority and powers provided by
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0025| law. The board shall appoint a qualified, experienced
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0001| educational administrator to be known as the superintendent of
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0002| public instruction, who shall, subject to the policies
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0003| established by the board direct the operation of the state
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0004| department of public education] within the executive
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0005| department headed by a secretary appointed by the governor with
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0006| the consent of the senate.
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0007| [B. Ten members of the state board of education
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0008| who shall be state officers shall be elected for staggered
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0009| terms of four years as provided by law. Board members shall be
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0010| residents of the board of education district from which they
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0011| are elected. Change of residence of a board member to a place
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0012| outside the district from which he was elected shall
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0013| automatically terminate the term of that member.
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0014| C. Five members of the state board of education who
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0015| shall be state officers shall be nominated and by and with the
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0016| consent of the senate appointed by the governor from five
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0017| districts substantially equal in population for staggered four-
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0018| year terms as provided by law. Those appointed by the governor
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0019| shall be qualified electors of the state of New Mexico, no more
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0020| than one-half or a simple majority of whom at the time of their
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0021| appointment shall be members of the same political party.
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0022| After 1990, the number of appointed members may be changed by
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0023| law not to exceed five members.
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0024| D. The governor shall fill vacancies on the board
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0025| by appointment of a resident from the district in which the
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0001| vacancy occurs until the next regular election for membership
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0002| on the board.
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0003| E. Upon adoption of this amendment, all functions
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0004| relating to the distribution of school funds and financial
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0005| accounting for the public schools shall be transferred to the
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0006| state department of public education to be performed as
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0007| provided by law]."
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0008| Section 2. The amendment proposed by this resolution
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0009| shall be submitted to the people for their approval or
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0010| rejection at the next general election or at any special
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0011| election prior to that date which may be called for that
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0012| purpose.
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0013|
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