2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-9 - Public education commission.

A. The "public education commission" is created pursuant to Article 12, Section 6 of the constitution of New Mexico. The commission shall be administratively attached to the department, with administrative staff provided by the department. Additional requests for staff services shall be made through the secretary. The commission shall advise the department on policy matters and shall perform other functions as provided by law.
B. The commission shall consist of ten members elected from public education districts as provided in the decennial educational redistricting act. Members shall be entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other perquisite, compensation or allowance.
C. The commission shall annually elect a chairman, vice chairman and secretary from among its membership. A majority of the members constitutes a quorum for the conduct of business. The commission shall keep a record of all proceedings of the commission.
D. The commission shall meet at the call of the chairman at least quarterly. Meetings of the commission shall be held in Santa Fe and at other sites within the state at the direction of the commission. The chairman in consultation with the secretary shall call a meeting at the request of a majority of the members. Commission members shall not vote by proxy.
E. No member of the commission shall be appointed secretary or be employed by the department on either a full- or part-time basis.
History:
Laws 2004, ch. 27, § 9.
ANNOTATIONS
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.
Cross references.
— For the public education commission,
see
N.M. Const., art. XII, § 6.
For the powers and duties of the commission relating to charter schools,
see
§ 22-8B-16 NMSA 1978.
Public education commission's implied authority to issues rules and regulations governing the operation and oversight of state-chartered charter schools.
— Agencies are created by statute, and are limited to the power and authority expressly granted or necessarily implied by those statutes, and although the legislature did not grant the public education commission express authority to issue rules and regulations governing the operation and oversight of state-chartered charter schools, a court could reasonably find that its authority to do so may be fairly implied from the "powers and duties" expressly set forth in NMSA 1978, § 22-8B-16 and those "functions" specified in 22-8B-5.3 NMSA 1978.
Public Education Commission Required by Law to Follow State Rules Act
(12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.
Issuance of rules by the Public Education Commission must comply with the requirements of the State Rules Act.
— The Public Education Commission's actions in issuing or adopting resolutions, standards, procedures, directives and policies affecting the rights of state-chartered charter schools and their public school students constitute rules and therefore fall within the ambit of the State Rules Act, §§ 14-4-1 to -11 NMSA 1978, and their issuance must comply with the requirements of the State Rules Act in order to be valid.
Public Education Commission Required by Law to Follow State Rules Act
(12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.