New Mexico 2025 Regular Session

New Mexico Senate Bill SJR15 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE JOINT RESOLUTION 15
29	29	57
30	30	TH LEGISLATURE
31	31	- STATE OF NEW MEXICO -
32	32	FIRST SESSION
33	33	, 2025
34	34	INTRODUCED BY
35	35	William P. Soules and William E. Sharer and Benny Shendo, Jr.
36	36	A JOINT RESOLUTION
37	37	PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE
38	38	CONSTITUTION OF NEW MEXICO TO PROVIDE FOR AN APPOINTED STATE
39	39	BOARD OF EDUCATION THAT APPOINTS A SUPERINTENDENT OF PUBLIC
40	40	INSTRUCTION AS THE HEAD OF THE PUBLIC EDUCATION DEPARTMENT AND
41	41	SETS POLICY FOR PUBLIC SCHOOLS AS PROVIDED BY LAW AND TO RETAIN
42	42	THE ELECTED PUBLIC EDUCATION COMMISSION TO SERVE AS THE
43	43	CHARTERING AUTHORITY FOR STATE-CHARTERED CHARTER SCHOOLS AND
44	44	HAVE OTHER POWERS AND DUTIES AS PROVIDED BY LAW.
45	45	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
46	46	SECTION 1. It is proposed to amend Article 12, Section 6
47	47	of the constitution of New Mexico to read:
48	48	"A. [There is hereby created a ] The "state board of
49	49	education", the "public education department" and [a ] the
50	50	"public education commission" [that ] are created and shall have
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78	78	such powers and duties as provided by this constitution and by
79	79	law. [The department shall be a cabinet department headed by a
80	80	secretary of public education who is a qualified, experienced
81	81	educator who shall be appointed by the governor and confirmed
82	82	by the senate.]
83	83	B. The board shall determine public school policy
84	84	and shall have control, management and direction, including
85	85	financial direction, for all public schools pursuant to
86	86	authority and powers provided by law. The board consists of
87	87	nine members who are residents of New Mexico, have knowledge
88	88	and experience with public education in New Mexico and are
89	89	appointed as provided by law.
90	90	C. The board shall appoint a qualified, experienced
91	91	New Mexico licensed educational administrator to be known as
92	92	the "superintendent of public instruction" who, subject to the
93	93	policies established by the board, shall direct the operations
94	94	of the public education department. The department shall
95	95	perform all functions as provided by law and board policy and
96	96	direction not inconsistent with law.
97	97	[B.] D. Ten members of the public education
98	98	commission shall be elected for staggered terms of four years
99	99	as provided by law. Commission members shall be residents of
100	100	the public education commission district from which they are
101	101	elected. Change of residence of a commission member to a place
102	102	outside the district from which [he ] the member was elected
103	103	.230923.3
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131	131	shall automatically terminate the term of that member. [C. ]
132	132	The governor shall fill vacancies on the commission by
133	133	appointment of a resident from the district in which the
134	134	vacancy occurs until the next regular election for membership
135	135	on the commission. The public education commission shall be
136	136	the chartering authority for state-chartered charter schools
137	137	and have other powers and duties as provided by law.
138	138	[D.] E. Until replaced by the board's appointment
139	139	of a superintendent of public instruction , the secretary of
140	140	public education shall [have administrative and regulatory
141	141	powers and duties, including all functions relating to the
142	142	distribution of school funds and financial accounting for the
143	143	public schools to be performed as provided by law ] serve as the
144	144	superintendent of public instruction .
145	145	[E. The elected members of the 2003 state board of
146	146	education shall constitute the public education commission, if
147	147	this amendment is approved, until their terms expire and the
148	148	districts from which the state board of education were elected
149	149	shall constitute the state public education commission
150	150	districts until changed by law. ]"
151	151	SECTION 2. The amendment proposed by this resolution
152	152	shall be submitted to the people for their approval or
153	153	rejection at the next general election or at any special
154	154	election prior to that date that may be called for that
155	155	purpose.
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