Summary:

 Senate Joint Resolution 3 (SJR 3) 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:

 Senate Joint Resolution 3 (SJR 3) 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.
 

Amendments:

 Senate Joint Resolution 3 is amended by the Senate Education Committee as follows:
The Title of SJR3 is amended to continue the Public Education Commission as the chartering authority for state-chartered charter schools and create a state board of education to set policy.
Section, Subsections A through F are deleted.
Subsections A through F are inserted to provide a:
State Board of Education
Public Education Department
Public Education Commission
A. The "state board of education", the "public education department" and the "public education commission" are created. The state board of education shall determine public school policy and shall have control, management and direction, including financial direction of distribution of school funds and financial accounting, for all public schools pursuant to authority and powers provided by law. The board shall appoint a qualified, experienced educator to be known as the "superintendent of public instruction" to administer and enforce the laws and board policies relating to public education and related matters and supervise the operations of the public education department under the direction of the board. The public education commission shall serve as the state chartering authority for state-chartered charter schools and have other powers and duties as provided by law. 
Subsection B specifies the 10 board members elected to the state board of education, with an additional member appointed by the governor and 10 members elected to the Public Education Commission. Board and commission members shall be residents of the districts from which they are elected. Change of residence of a board or commission member to a place outside the district from which the member was elected shall automatically be deemed as resignation of the member. 
C. The governor shall, with the consent of the senate, fill vacancies on the state board of education or the public education commission by appointment of a resident from the district in which the vacancy occurs. That member shall serve for the remainder of the term for which appointed. 
D. After the adoption of this amendment, ten members of the state board of education shall be elected at the 2028 general election for staggered terms beginning January 1, 2029 as provided by law. The staggered terms shall be determined by lot as provided by law. The staggered terms of office established for the public education commission prior to the adoption of this amendment shall continue to be the terms of office until changed by this constitution or by law. 
E. The state board of education and the public education commission districts shall have the same boundaries unless the legislature provides otherwise in a decennial redistricting law. 
F. The secretary of public education shall serve as the superintendent of public instruction until replaced by appointment of the superintendent of public instruction by the state board of education.