Under Article 12, Section 6 of the New Mexico Constitution, the Secretary of Education has 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. The Secretary is the governing authority and has control, management and direction of all public schools, except as otherwise provided by law. The Secretary also has oversees the 10 statutorily authorized divisions of the Public Education Department (PED). Under the Executive Reorganization Act, the PED is part of the Executive Cabinet; as such the Secretary is directly responsible to the Governor.
In November 2003, Dr. Veronica C. García was appointed by Governor Bill
Richardson as the state’s first education secretary. Her appointment followed overwhelming voter approval in September 2003 of a constitutional amendment creating gubernatorial accountability for education policy and an appointed education secretary.The Public Education Commission (PEC) consists of 10 elected commissioners to serve for staggered terms of four years as provided by law. PEC members are residents of the PEC district from which they are elected. The role of the PEC is advisory to the Secretary of Education. The Governor fills vacancies on the PEC by appointing a resident from the district in which the vacancy occurs until the next regular election for membership on the PEC. The following web page provides the PEC’s mission and vision: http://www.ped.state.nm.us/pec/aboutPEC.html. Please also note the following from state statute:Under state statute (22-2-2.2), the 10-member PEC is to work with the Public Education Department to develop the five-year strategic plan for public elementary and secondary education in the state. This plan is to be updated at least biennially. The PEC is to solicit the input of persons who have an interest in school policy, including school boards, school districts and school employees; home schooling associations; parent-teacher associations; educational organizations; the Commission on Higher Education; colleges, universities and vocational schools; state agencies responsible for educating resident children; juvenile justice agencies; work force development providers; and business organizations. Further, the PEC is to 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 Legislature and recommend to the Secretary conduct and process guidelines and training curricula for local school boards. Under state law (22-2-14), the PEC also has a role when in a rare situation the Secretary commences to take steps to suspend the authority of a local school board, local superintendent or school principal for failure to comply with educational requirements set out in laws, rules or policies. Prior to taking any final suspension action, the Secretary must consult with the PEC for the purpose of discussing any alternatives the PEC might recommend. The PEC is to (22-8B-16) receive applications for initial chartering and renewals of charters for charter schools that want to be chartered by the state and either approve or disapprove those charter applications. The PEC may approve, deny, suspend or revoke the charter of a state-chartered charter school in accordance with the provisions of the Charter Schools Act [22-8B-1 NMSA 1978]. The chartering authority for a charter school existing on July 1, 2007 may be transferred to the PEC provided, however, that if a school chartered under a previous chartering authority chooses to transfer its chartering authority, it shall continue to operate under the provisions of that charter until its renewal date unless it is suspended or revoked by the PEC.
Further, state statute [22-2-6] requires the State Commission on Post-Secondary Education (i.e., the Higher Education Department) to consult with and invite the active participation of the PEC and other entities and individuals in carrying out its planning activities for postsecondary education. For certain planning activities, it is to directly involve the PEC and PED.
