Saturday, February 23, 2013

Skandera pt 4 (HB 392)

(original questions)
feb 13, 2013

i sent the following four questions to two news sites, the governor's office, the public education department, and some place called chiefs for change.

1. is "education chief" an official title for ms. skandera?
2. is "Secretary-designate at the New Mexico Public Education Department" an official title for ms. skandera?
3. does ms. skandera need to be approved by the legislature or some other body to become the official education secretary for new mexico?
4. how can [Secretary-Designate of Education] overrule the state Public Education Commission?
PED answers from pt3
feb 19, 2013

1. Answer:  Her official title is Secretary-Designate of Education.
2. Answer:  See number 1.
3. Answer:  9-24-5 [B]. Secretary; appointment.
4. Answer:  22-8B-7 [C]

Skandera pt 3 (PED responds again)
3. Answer:  9-24-5 [B]. Secretary; appointment.

..."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"...
4. Answer:  22-8B-7 [C]

C.   The secretary, on the secretary's own motion, may review a chartering authority's decision to grant a charter .  Within sixty days after the making of a motion to review by the secretary, the secretary, at a public hearing that may be held in the school district in which the proposed charter school that has applied for a charter will be located, shall review the decision of the chartering authority and determine whether the decision was arbitrary or capricious or whether the establishment or operation of the proposed charter school would:
(1)   violate any federal or state laws concerning civil rights;
(2)   violate any court order; or
(3)   threaten the health and safety of students within the school district.
[local news story]
feb 23, 2013
A freestanding commission

Rep. Mary Helen Garcia, D-Las Cruces, wants to take the Public Education Commission out of the Public Education Department to create a separate, independent entity. Her House Bill 392 would eliminate the authority of the department’s secretary [Hana Skandera Secretary-designate] to review charter school appeals.

“The Public Education Commission should be a stand-alone entity,” Garcia said in a news release. “To grant or review a charter request and render a decision on substantial evidence can be time consuming, and to determine whether the decision is arbitrary or capricious is a great responsibility — these are duties that should fall under the Public Education Commission solely. Decisions like these should not be influenced by politics.”
... according to PED, Hanna Skandera (Secretary-designate) don't need no Senate (confirmation) and don't need no public education commission neither.

... HB 392 challenges that view.
... however to complete  Garcia's comment (news story above),  current law 22-8B-7 [B] states ...

"If the secretary finds that the chartering authority acted arbitrarily or capriciously, rendered a decision not supported by substantial evidence or did not act in accordance with law, the secretary may reverse the decision of the chartering authority and order the approval of the charter with or without conditions.  The decision of the secretary shall be final."

... to me, it looks like all on-line schools are coming ... so are ppps ... the laws are there to allow it ... and yet, it is ILLEGAL... it is illegal because the secretary-designate is creating something new not reversing a denial of something old ... and i declare:

Secretary of Public Education DOES NOT EQUAL Secretary-designate of Public Education.

9-24-5 [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...  

... an illegal secretary of education making illegal law is ILLEGAL.