HOUSE JOINT RESOLUTION 6
56th legislature - STATE OF NEW MEXICO - second session, 2024
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 12 OF THE CONSTITUTION OF NEW MEXICO BY REPEALING SECTION 6 AND ADDING A NEW SECTION 6 THAT REPLACES THE PUBLIC EDUCATION COMMISSION WITH THE STATE BOARD OF EDUCATION THAT DETERMINES PUBLIC SCHOOL POLICY AND HAS CONTROL, MANAGEMENT AND DIRECTION, INCLUDING FINANCIAL DIRECTION OF DISTRIBUTION OF SCHOOL FUNDS AND FINANCIAL ACCOUNTING, FOR ALL PUBLIC SCHOOLS PURSUANT TO AUTHORITY AND POWERS PROVIDED BY LAW.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 12 of the constitution of New Mexico by repealing Section 6 and adding a new Section 6 to read:
"A. The "state board of education" and the "public education department" are created. The state board of education shall determine public school policy and shall have control, management and direction, including financial direction of 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 educator to be known as the "superintendent of public instruction" who, subject to the policies established by the board, shall direct the operations of the public education department.
B. The state board of education shall be composed of ten members who shall be elected for staggered terms of four years as provided by law. Board members shall be residents of the state board of education district from which they are elected. Change of residence of a board member to a place outside the district from which the member was elected shall automatically terminate the term of that member.
C. The governor shall fill vacancies on the state board of education by appointment of a resident from the district in which the vacancy occurs and with the consent of the senate until the next regular election for membership on the board.
D. After the adoption of this amendment, all members of the state board of education shall be elected at the 2025 regular local election for staggered terms beginning January 1, 2026 as provided by law. The staggered terms shall be determined by lot as provided by law.
E. The public education commission districts shall be the state board of education districts until redistricted after the 2030 federal decennial census. The public education commission shall continue its powers and duties until replaced by members of the state board of education on January 1, 2026.
F. The secretary of public education shall serve as the superintendent of public instruction until replaced by the state board of education."
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.
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