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SPONSOR: |
Begaye |
DATE TYPED: |
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HB |
HJR 15 |
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SHORT TITLE: |
Cabinet-level Department of Education |
SB |
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ANALYST: |
L. Baca |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
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Indeterminate |
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|
|
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
State
Department of Education (SDE)
SUMMARY
Synopsis
of Bill
House Joint Resolution
15 proposes an amendment to Article 12, Section 6 of the Constitution of New
Mexico to create a cabinet-level state education department in the Executive
Branch to be directed by an administrator appointed by the Governor and
abolishes the State Board of Education
Significant
Issues
If adopted by the voters, HJR 15 will abolish
the current state board of education (SBE), transfer all financial and
programmatic functions to the state education department, authorizes the governor
to appoint a qualified, experienced educational administrator to direct the
operation of the department and stipulates that all of the state education
department’s functions are to be performed as provided by law.
FISCAL IMPLICATIONS
Costs or savings
associated with this change, if adopted by the voters, are unknown.
ADMINISTRATIVE IMPLICATIONS
If this amendment is
adopted, the SDE analysis foresees a restructuring of public education’s
governance system that could potentially require a reassessment and re-writing
of the Public School Code. In addition,
the SDE analysis cites the potential for instability in management and
philosophies associated with changes in governors.
CONFLICT
In its analysis, the
SDE cites two conflicts between the proposed amendment and existing provision
of the state Constitution cited below:
Article
V, Section 3 provides that “No person shall be eligible to the office of supeintendent of public instruction unless he be a trained and experienced educator.”
Article
V, Section 12 addresses the compensation of executive officers and includes the superintendent of
public instruction.
Article XII, section 15 provides that the SBE shall by
resolution establish the terms of the first board elected
after the creation of a seven-member local school board.
OTHER SUBSTANTIVE ISSUES
SDE concerns cited in
its analysis of HJR 15 state that HJR 15 does not:
provide for the advise and
consent of the state senate as is required for all cabinet-level secretary
positions,
address authority for determining school policy, and
specifically designate the administrator of the education department
as the secretary of education or otherwise indicate that the administrator
serves as the chief state school
officer.
1.
Has
the State Board taken a position on this resolution ?
2.
How
would we improve public schools if this amendment is approved by the
voters ?
LRB/prr