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HOUSE JOINT RESOLUTION 4
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Alan T. Martinez
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 12 OF THE CONSTITUTION OF NEW MEXICO
BY REPEALING SECTION 6 AND ADDING A NEW SECTION 6 TO REPLACE
THE CURRENT PUBLIC EDUCATION COMMISSION WITH A STATE BOARD OF
EDUCATION THAT APPOINTS A SUPERINTENDENT OF PUBLIC INSTRUCTION
TO CARRY OUT THE POLICIES OF THE BOARD AND TO PROVIDE BY LAW
FOR AN INDEPENDENT STATE CHARTERING AUTHORITY FOR STATE-
CHARTERED CHARTER SCHOOLS.
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 career
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technical education policy and shall have control, management
and direction, including financial direction, distribution of
school funds and financial accounting, for all public schools
pursuant to the authority and powers provided by law. The
board shall appoint a qualified, experienced and currently
licensed educator to be known as the "superintendent of public
instruction" who shall direct the operations of the public
education department pursuant to board policies and directions.
B. The state board of education shall consist of
ten members elected for staggered terms of four years as
provided by law. Members shall be residents of the district
from which the members are elected. Change of residence of a
member to a place outside the district from which the member
was elected shall automatically be deemed the resignation of
the member. The legislature shall provide by law for
qualifications of members.
C. A vacancy on the state board of education shall
be filled by appointment by the governor, with the advice and
consent of the senate, for the remainder of the original term.
D. After the adoption of this amendment, all
members of the state board of education shall be elected at the
general election held in 2028 for staggered terms beginning
January 1, 2029 as provided by law.
E. The public education commission districts shall
be the state board of education districts until redistricted
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after the 2030 federal decennial census. The public education
commission shall exercise its powers and duties until replaced
by members of the state board of education on January 1, 2029.
F. The secretary of public education shall serve as
the superintendent of public instruction until the secretary is
replaced by the state board of education.
G. The legislature shall provide by law for an
independent state chartering authority for state-chartered
charter schools."
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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