A. The administrative head of the department is the "secretary of public education", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment
History: Laws 2004, ch. 27, § 5.
Effective dates. — Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Compiler's notes. — Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department. See 9-24-4 and 9-24-15 NMSA 1978 and N.M. Const., art. XII, § 6, for the powers and duties of the secretary of public education.
The state superintendent of public instruction and the state board of education were created by N.M. Const., art. XII, § 6. The public school finance division of the department of finance and administration was created by Laws 1957, ch. 249 to advise and consult with the superintendent of public instruction. The administrative head of the public school finance division was the chief of the public school finance division. The public school finance division of the department of finance and administration was abolished by Laws 1977, ch. 246, § 69. Laws 1977, ch. 246, § 3 established the public school finance division of the educational finance and cultural affairs department. Laws 1977, ch. 246, § 63, compiled as 22-8-3 NMSA 1978, designated the "director" of the public school finance division as the administrative and executive head. Laws 1980, ch. 151 abolished the educational finance and cultural affairs department and the public school finance division was again placed under the department of finance and administration. Laws 1983, ch. 301, § 83, abolished the public school finance division of the department of finance and administration and § 69 of that act created the office of education of the department of finance and administration and designated the administrative and executive head of the office of education as the director of the office of education. Laws 1983, ch. 301, § 83 also provides that all references to the director or chief of public school finance shall be construed to be references to the director of the office of education. Laws 1988, ch. 64, § 3, compiled as 9-6-3.1 NMSA 1978, abolished the office of education and transferred all powers and duties of the office of education to the state department of public education. All powers and duties conferred by law upon the director of the office of education or the chief of the public school finance division were transferred to the superintendent of public instruction. N.M. Const., art. XII, § 6 was amended effective September 23, 2003 to replace the former state board of education with the public education commission, replace the superintendent of public instruction with the secretary of public education and provide that the secretary of public education shall exercise all functions relating to the distribution of school funds and financial accounting for public schools.
Cross references. — For the secretary of public education, see N.M. Const., art. XII, § 6, 9-24-5 and 9-24-15 NMSA 1978.
For the Public School Code, see 22-1-1 NMSA 1978 et seq.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.