NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases) Relates to HJR 23

SOURCES OF INFORMATION

State Department of Education (SDE)

Secretary of State

Attorney General

LFC Files

SUMMARY

Synopsis of Bill

House Bill 869 proposes to abolish the State Board of Education; replaces the Superintendent of Public Instruction with a Secretary of Education, appointed by the Governor; and creates an Advisory State Board of Education in order to make biannual recommendations to the Secretary and the legislature on issues and needs of public schools.

The bill is contingent upon passage of a constitutional amendment that would abolish the State Board of Education and create a Secretary of Education.

Significant Issues

According to Office of the Attorney General, this bill and House Joint Resolution 23 would alter dramatically the present governmental structure in which the State Board of Education is predominantly an elected body with representatives from different districts across the state and the State Superintendent is appointed by that independent body and responsible to the board.

FISCAL IMPLICATIONS

According to the Secretary of State, the cost of placing this proposed constitutional amendment on the ballot would be approximately $17.0.

ADMINISTRATIVE IMPLICATIONS

According to SDE, at a minimum, the administrative impact of reorganizing the governance structure would occur at every change of administration. This would also be experienced by public school districts as they respond to changes and requirements of a new cabinet secretary.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Relates to HJR 23 which proposes an amendment to Article 12 of the Constitution of New Mexico to abolish the State Board of Education and establish the State Department of Public Education as a cabinet agency headed by a secretary appointed by the Governor with the consent of the Senate.

TECHNICAL ISSUES

Both SDE and the Attorney General indicate that there are other areas of authority and responsibility delegated to the State Board of Education in addition to those set forth in the Public School Code that are not addressed in this bill. For example, the State Board of Education has significant statutory duties with regard to technical and vocational institute districts.

CTF/prr:njw