Summary:

 House Joint Resolution 4 proposes an amendment to Article 12 of the Constitution of New Mexico by repealing Section 6 and Adding a new Section 6 to replace the Public Education Commission with a State School Board to set policy; to have control, management and direction, including financial direction, of the distribution of school funds and financial accounting for all public schools as provided by law; and to direct the Public Education Department.
 

Legislation Overview:

 House Joint Resolution 4 proposes:
SECTION 1 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 school board” (Board) and the “public education department” (PED) are created. The Board shall: 
-determine public school and career technical education policy;
-have control, management and direction, including financial direction, of the distribution
of school funds and financial accounting for all public schools pursuant to authority and powers provided by law; 
- appoint a qualified, experienced educational administrator to be known as the "superintendent of public instruction", who, subject to the policies of the Board, shall direct the operations of the PED. The department shall perform all functions as provided by law and Board policy and direction.
B. Ten members of the Board shall be elected for staggered terms of four years and shall meet the requirements specified. 
C. Five members of the Board, who shall be state officers, shall be nominated and appointed by the governor with consent of the senate for staggered terms and shall meet the provisions specified.
D. The governor shall fill vacancies on the Board as follows:
- for elected members:  by appointment of a resident from the district in which the vacancy occurs until the next regular election. 
- for appointed members: so that the provisions of Subsection C of this section are met.
E. After the adoption of this amendment, all elected members of the Board shall be elected at the 2028 general election for staggered terms beginning January1, 2029. Appointed members may exercise their powers and duties while awaiting senate confirmation. The staggered terms of appointed members shall be determined by lot as provided by law.
F. The Public Education Commission districts shall serve as the Board districts until redistricted after the 2030 federal decennial census. The Commission shall continue its powers and duties until replaced by the elected members of the Board on January 1, 2029.
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.