K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - New Mexico

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed.

Every bill passed by the legislature shall, before it becomes law, be presented to the governor for approval. If he approves, he shall sign it, otherwise, he shall return it to the house in which it originated. The governor may in like manner approve or disapprove any part or parts, item or items, of any bill appropriating money, and such parts or items approved shall become law, and such as are disapproved shall be void unless passed over his veto.
What is the appointment authority provided to the governor in education? The governor appoints the secretary of public instruction who is confirmed by the senate.
Are the governor’s duties and powers and found in the state constitution? Yes
Are the governor’s duties and powers and found in the state statute? Yes
Citation Const. Art. 5, § 4
Const. Art. 4, § 22
Const. Art. 12, § 6
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power shall be vested in a senate and a house of representatives which shall be designated the legislature of the state of New Mexico, and shall hold its sessions at the seat of government.

The legislature shall provide for the training of teachers in the normal schools or otherwise so that they may become proficient in both the English and Spanish languages.

Children of Spanish descent in the state of New Mexico shall never be denied the right and privilege of admission and attendance in the public schools or other public educational institutions of the state, and they shall never be classed in separate schools, but shall forever enjoy perfect equality with other children in all public schools and educational institutions of the state, and the legislature shall provide penalties for the violation of this section.
What is the appointment or confirmation authority of the legislature in education? The senate confirms the governor's nominee for secretary of public education.
Which committees in the legislature have jurisdiction over education issues? House:
Education

Senate:
Education
Constitutional? Yes
Statutory? Yes
Citations Const. Art. 4, § 1
Const. Art. 12, § 8
Const. Art. 12, § 10
Const. Art. 12, § 6
N. M. Stat. Ann. 1978, § 9-24-5
Chief State School Officer
What are the duties of the chief state officer? The secretary of public education is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The secretary of public education is the governing authority and shall have control, management and direction of all public schools, except as otherwise provide by law.

The department of education, under the secretary, may:

-Adopt, promulgate and enforce rules to exercise its authority and the authority of the secretary.

-Enter into contracts to carry out its duties.

-Apply to the district court for appropriate relief in enforcing laws and rules.

-Waive provisions of the school code as authorized by law.

The secretary has the specific power to:

-Organize the department, delegate duties, provide professional development training, and take administrative action.

-Make and adopt such reasonable and procedural rules as may be necessary to carry out duties of the department and its divisions.
How is the chief state school officer selected? The secretary is appointed by the governor with the advice and consent of the senate and serves at the pleasure of the governor.
Constitutional? Yes
Statutory? Yes
Citation Const. Art. 12, § 6
N. M. Stat. Ann. 1978, § 9-24-8
N. M. Stat. Ann. 1978, § 22-2-1
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The public education commission shall advise the department on policy matters and shall perform other functions as provided by law.

The commission shall work with the department to develop the five-year strategic plan for public elementary and secondary education in the state. The plan should be updated at least biennially.

Additionally, the commission shall solicit input from local school boards, school districts and the public on policy and governance issues and report its findings and recommendations to the secretary and the legislature and recommend to the secretary conduct and process guidelines and training curricula for local school boards.
What is the composition of the state board of education? The public education commission consists of ten members.
How are members of the state board of education selected? Members are elected from ten individual districts.
Constitutional? Yes
Statutory? Yes
Citation N. M. Stat. Ann. 1978, § 9-24-9
N. M. Stat. Ann. 1978, § 22-2-2.2
Const. Art. 12, § 6
Executive-Level Secretary
Does the state have an executive-level secretary? N/A
What other duties does the executive-level secretary have? N/A
Constitutional? N/A
Statutory? N/A
Citation N/A

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