Public Education in New Mexico

2: Governance of Public Education in New Mexico

Chapter 2 3 Governance of Public Education in New Mexico There have been many changes in the roles of each of the governing elements of public education in New Mexico, but since the system was formalized in 1891, the intent has been, directly or indirectly, designed to provide a system that includes checks and balances and broad involvement and representation from the citizens of the state. The constitution has been amended several times in attempts to facilitate this involvement and to create efficient participation. One of the major premises of the governance system has been the philosophy that local boards of education, administrators, and citizens will have a voice in how individual districts provide educational programs for students. The Role of Governance Formal governance of K–12 public education in New Mexico evolved over the years into a pattern fairly typical of that of other states, involving both elected and appointed officials. The New Mexico State Constitution identifies the secretary of public education , appointed by the governor to the cabinet-level position, as the person primarily responsible for the operation of the public schools. Other agents or agencies such as the governor, the legislature , and the ten-member Public Education Commission have roles in the operation of schools. Each of these also has a role in financing and managing public schools. The New Mexico State Board of Education was originally given the responsibility to oversee the operation of the schools in the state, leaving as much autonomy as possible to the local boards, citizens, administrators, and professional staff. Local boards of education were patterned after the Common School concept, which provided for a free and public education for all students. Power and authority were decentralized, providing 28 opportunity for dialogue between the local communities and the state. Vehicles for this dialogue are facilitated by elected representatives at the local and state level. Community involvement at the local district level is crucial to the equitable implementation of policies developed at the state, federal, and local levels. The initial formal governance system that was developed and implemented began during the U.S. territorial period using the Common School model. Major entities now involved in the governance of education include the governor’s office, the legislature , the judicial system, the secretary of public education, the Public Education Commission, the local boards of education, the district superintendent, the principals of the schools and their instructional staffs, and local councils. There has also been a significant, but sometimes controversial, role of the federal government in the public schools of New Mexico. Federal Role in Education in New Mexico The state of New Mexico, like all states, has been the beneficiary of largesse from the executive, legislative, and judicial branches of the federal government. The relationship between the federal government and the state governments has been referred to by some as a love-hate relationship. Since education is not mentioned in the U.S. Constitution and the responsibilities for educating citizens belong to the individual states, the role of the federal government is complex and sometimes controversial. However, the federal government has impacted the public education system in specific ways, such as compensatory education for disadvantaged students through Title I of the Elementary and Secondary Education Act (No Child Left Behind [NCLB] Act). The General Welfare Clause of the Constitution, when construed broadly, affects educational matters. There are other constitutional clauses affecting education, such as Article 1, Section 10, which prevents the states from enacting laws that impede the obligation of contracts, for example, collective bargaining in the schools. The First Amendment deals with freedom of religion, speech, and assembly. The Fourth Amendment deals with unreasonable searches and seizures and, even more directly, the Due Process and Equal Protection clauses of the Fourteenth Amendment have preoccupied school administrators for many years. Major elements of that federal role are to be found in the Governance of Public Education 29 funds allocated and the regulatory powers that are applied in following the expenditure of those federal funds. The President of the United States proposes, vetoes, or approves legislation. The President also appoints a cabinet-level secretary of education who is responsible for overseeing the educational budget and who oversees and regulates the education statutes that apply. Equally powerful and active is the United States Congress that enacts the laws and appropriates the funds. The role of the federal government...