APPOINTED STATE BOARD OF EDUCATION, CA

SJR03

SENATE JOINT RESOLUTION 3

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

INTRODUCED BY

William P. Soules

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 6 OF THE
CONSTITUTION OF NEW MEXICO TO PROVIDE FOR AN APPOINTED STATE
BOARD OF EDUCATION THAT APPOINTS A SUPERINTENDENT OF PUBLIC
INSTRUCTION AS THE HEAD OF THE PUBLIC EDUCATION DEPARTMENT AND
SETS POLICY FOR PUBLIC SCHOOLS AS PROVIDED BY LAW AND TO RETAIN
THE ELECTED PUBLIC EDUCATION COMMISSION TO SERVE AS THE
CHARTERING AUTHORITY FOR STATE-CHARTERED CHARTER SCHOOLS AND
HAVE OTHER POWERS AND DUTIES AS PROVIDED BY LAW.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
It is proposed to amend Article 12, Section 6
of the constitution of New Mexico to read:

"A. [
There is hereby created a
]
The "state board of
education", the
"public education department" and [
a
]
the

"public education commission" [
that
]
are created and
shall have
such powers and duties as provided by
this constitution and by

law. [
The department shall be a cabinet department headed by a
secretary of public education who is a qualified, experienced
educator who shall be appointed by the governor and confirmed
by the senate.
]

B. The board shall determine public school policy
and shall have control, management and direction, including
financial direction, for all public schools pursuant to
authority and powers provided by law. The board consists of
nine members who are residents of New Mexico, have knowledge
and experience with public education in New Mexico and are
appointed as provided by law.

C. The board shall appoint a qualified, experienced
New Mexico eligible licensed educational administrator to be
known as the "superintendent of public instruction" who,
subject to the policies established by the board, shall direct
the operations of the public education department. The
department shall perform all functions as provided by law and
board policy and direction not inconsistent with law.

[
B.
]
D.
Ten members of the public education
commission shall be elected for staggered terms of four years
as provided by law. Commission members shall be residents of
the public education commission district from which they are
elected. Change of residence of a commission member to a place
outside the district from which [
he
]
the member
was elected
shall automatically terminate the term of that member. [
C.
]
The governor shall fill vacancies on the commission by
appointment of a resident from the district in which the
vacancy occurs until the next regular election for membership
on the commission.
The public education commission shall be
the chartering authority for state-chartered charter schools
and have other powers and duties as provided by law.

[
D.
]
E. Until replaced by the board's appointment
of a superintendent of public instruction
, the secretary of
public education shall [
have administrative and regulatory
powers and duties, including all functions relating to the
distribution of school funds and financial accounting for the
public schools to be performed as provided by law.

E. The elected members of the 2003 state board of
education shall constitute the public education commission, if
this amendment is approved, until their terms expire and the
districts from which the state board of education were elected
shall constitute the state public education commission
districts until changed by law
]
serve as the superintendent of
public instruction
."

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.