RESPONSIBILITY FOR FEDERAL ED. PROGRAMS

SJM002

SENATE JOINT MEMORIAL 2

57
th legislature
- STATE OF NEW MEXICO -
second session
, 2026

INTRODUCED BY

Candy Spence Ezzell and David M. Gallegos

and Anthony L. Thornton and Pat Boone and James G. Townsend

A JOINT MEMORIAL

REQUESTING THE PUBLIC EDUCATION COMMISSION TO CREATE A
COMPREHENSIVE PLAN FOR THE STATE TO ASSUME FULL RESPONSIBILITY
FOR THE EDUCATION PROGRAMS CURRENTLY ADMINISTERED BY THE UNITED
STATES DEPARTMENT OF EDUCATION IN SUPPORT OF EFFORTS TO
DISMANTLE THE FEDERAL DEPARTMENT OF EDUCATION AND RETURN THE
PLENARY POWER OVER EDUCATION TO THE STATES IN ACCORDANCE WITH
THE PRINCIPLES OF THE UNITED STATES CONSTITUTION AND THE
MANDATES OF THE CONSTITUTION OF NEW MEXICO.

WHEREAS, the United States constitution divides powers
between the federal government and state governments and only
grants the federal government specific, enumerated powers that
do not include a power over education; and

WHEREAS, the powers not granted to the federal government
are reserved to the states and the people and include the
plenary police power, which is the power of states to provide
for the health, safety, welfare and education of the people;
and

WHEREAS, the creation of the United States department of
education has significantly encroached on the ability of the
states to wield the plenary power over education and has led to
troubling trends in students' performance in reading and
mathematics and in students' knowledge of civics, which is
crucial to their ability to be productive members of society
and active participants in the democratic process; and

WHEREAS, instead of improving education outcomes, the
creation of the United States department of education has only
diverted resources away from classrooms toward unnecessary
bureaucracy in the federal government; and

WHEREAS, the United States secretary of education has
significantly restructured the department and reduced the
department's workforce without causing adverse effects on
education, and the president of the United States has committed
to dismantling the department and shifting the department's
core responsibilities to other federal agencies and to the
states; and

WHEREAS, the constitution of New Mexico guarantees free,
uniform and sufficient education to every student and creates a
public education department and a public education commission
with powers and duties assigned by the legislature; and

WHEREAS, pursuant to Section 22-2-2.2 NMSA 1978, the
duties of the public education commission include the duty to:

A. work with the public education department to
develop a five-year strategic plan for public elementary and
secondary education in the state and to solicit input on the
plan from persons who have an interest in public school policy;
and

B. solicit input from local school boards, school
districts and the public regarding public education policy and
governance issues and to report its findings and
recommendations to the secretary of public education and the
legislature; and

WHEREAS, members of the commission are accountable to
students' families and New Mexico taxpayers because, in
accordance with the constitution of New Mexico, members of the
commission are directly elected by the people of the local
communities where the members reside; and

WHEREAS, consistent with the principles of the United
States constitution and the mandates of the constitution of New
Mexico, the legislature recognizes that the state and local
communities are responsible for the education of New Mexico
students and supports efforts to dismantle the United States
department of education and return the plenary power over
education back to the states;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF NEW MEXICO that the public education commission be
requested to create, as part of the five-year strategic plan
for public elementary and secondary education, a comprehensive
plan for the state to assume full responsibility for the
education programs currently administered by the United States
department of education that includes:

A. recommendations for necessary state and federal
statutory changes;

B. recommendations for the administration of state
and federal funding and for any necessary waivers, transfers or
block grants that the state should request from the federal
government; and

C. the identification of federal education mandates
not required by statute that the state should decline; and

BE IT FURTHER RESOLVED that, in accordance with the public
education commission's duty to solicit input regarding public
education policy and governance, each member of the commission
be requested to convene families, teachers and local leaders
residing in the member's district to provide input on how the
state and local communities should carry out the plenary power
over education and assume full responsibility for the education
programs currently administered by the United States department
of education and incorporate that input in the commission's
comprehensive plan; and

BE IT FURTHER RESOLVED that pursuant to Section 2-3-14.1
NMSA 1978, the secretary of public education be requested to
create a report that inventories all federal education programs
the state participates in and all federal education grants and
other funding the state receives, and that the secretary
provide that report to the public education commission and the
legislative education study committee on or before August 1,
2026 to inform the creation of the commission's comprehensive
plan; and

BE IT FURTHER RESOLVED that the public education
commission be requested to report its comprehensive plan to the
governor, the secretary of public education and the legislature
on or before December 31, 2026; and

BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the president of the United States, the United
States secretary of education, the governor, the secretary of
public education, the public education commission and the
legislative education study committee.

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