SENATE JOINT MEMORIAL 2

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Candy Spence Ezzell and David M. Gallegos

and Anthony L. Thornton and Pat Boone and James G. Townsend

 

 

 

 

A JOINT MEMORIAL

REQUESTING THE PUBLIC EDUCATION COMMISSION TO CREATE A COMPREHENSIVE PLAN FOR THE STATE TO ASSUME FULL RESPONSIBILITY FOR THE EDUCATION PROGRAMS CURRENTLY ADMINISTERED BY THE UNITED STATES DEPARTMENT OF EDUCATION IN SUPPORT OF EFFORTS TO DISMANTLE THE FEDERAL DEPARTMENT OF EDUCATION AND RETURN THE PLENARY POWER OVER EDUCATION TO THE STATES IN ACCORDANCE WITH THE PRINCIPLES OF THE UNITED STATES CONSTITUTION AND THE MANDATES OF THE CONSTITUTION OF NEW MEXICO.

 

     WHEREAS, the United States constitution divides powers between the federal government and state governments and only grants the federal government specific, enumerated powers that do not include a power over education; and

     WHEREAS, the powers not granted to the federal government are reserved to the states and the people and include the plenary police power, which is the power of states to provide for the health, safety, welfare and education of the people; and

     WHEREAS, the creation of the United States department of education has significantly encroached on the ability of the states to wield the plenary power over education and has led to troubling trends in students' performance in reading and mathematics and in students' knowledge of civics, which is crucial to their ability to be productive members of society and active participants in the democratic process; and

     WHEREAS, instead of improving education outcomes, the creation of the United States department of education has only diverted resources away from classrooms toward unnecessary bureaucracy in the federal government; and

     WHEREAS, the United States secretary of education has significantly restructured the department and reduced the department's workforce without causing adverse effects on education, and the president of the United States has committed to dismantling the department and shifting the department's core responsibilities to other federal agencies and to the states; and

     WHEREAS, the constitution of New Mexico guarantees free, uniform and sufficient education to every student and creates a public education department and a public education commission with powers and duties assigned by the legislature; and

     WHEREAS, pursuant to Section 22-2-2.2 NMSA 1978, the duties of the public education commission include the duty to:

          A. work with the public education department to develop a five-year strategic plan for public elementary and secondary education in the state and to solicit input on the plan from persons who have an interest in public school policy; and

          B. solicit input from local school boards, school districts and the public regarding public education policy and governance issues and to report its findings and recommendations to the secretary of public education and the legislature; and

     WHEREAS, members of the commission are accountable to students' families and New Mexico taxpayers because, in accordance with the constitution of New Mexico, members of the commission are directly elected by the people of the local communities where the members reside; and

     WHEREAS, consistent with the principles of the United States constitution and the mandates of the constitution of New Mexico, the legislature recognizes that the state and local communities are responsible for the education of New Mexico students and supports efforts to dismantle the United States department of education and return the plenary power over education back to the states;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public education commission be requested to create, as part of the five-year strategic plan for public elementary and secondary education, a comprehensive plan for the state to assume full responsibility for the education programs currently administered by the United States department of education that includes:

          A. recommendations for necessary state and federal statutory changes;

          B. recommendations for the administration of state and federal funding and for any necessary waivers, transfers or block grants that the state should request from the federal government; and

          C. the identification of federal education mandates not required by statute that the state should decline; and

     BE IT FURTHER RESOLVED that, in accordance with the public education commission's duty to solicit input regarding public education policy and governance, each member of the commission be requested to convene families, teachers and local leaders residing in the member's district to provide input on how the state and local communities should carry out the plenary power over education and assume full responsibility for the education programs currently administered by the United States department of education and incorporate that input in the commission's comprehensive plan; and

     BE IT FURTHER RESOLVED that pursuant to Section 2-3-14.1 NMSA 1978, the secretary of public education be requested to create a report that inventories all federal education programs the state participates in and all federal education grants and other funding the state receives, and that the secretary provide that report to the public education commission and the legislative education study committee on or before August 1, 2026 to inform the creation of the commission's comprehensive plan; and

     BE IT FURTHER RESOLVED that the public education commission be requested to report its comprehensive plan to the governor, the secretary of public education and the legislature on or before December 31, 2026; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the United States, the United States secretary of education, the governor, the secretary of public education, the public education commission and the legislative education study committee.

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