The office of education in the department of finance and administration is abolished. On the effective date of this act, all powers and duties conferred by law upon the office of education shall be exercised by 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 shall be exercised by the superintendent of public instruction. On the effective date of this act, all references in law to the office of education of the department of finance and administration shall be construed to be references to the state department of public education. All references in law to the director of the office of education or to the chief of the public school finance division shall be construed to be references to the superintendent of public instruction.

History: 1978 Comp., § 9-6-3.1, enacted by Laws 1988, ch. 64, § 3.

Cross references. — For transfer of powers and duties from the superintendent of public instruction to the secretary of public education and transfer of powers and duties of state department of public education to the public education department, see 9-24-15 NMSA 1978.

Compiler's notes. — The former provisions of this section, relating to the creation of the automated data processing division, were recompiled as 15-1-1 NMSA 1978 by Laws 1983, ch. 301, § 15, effective July 1, 1983. Prior to being compiled as 9-6-3.1 NMSA 1978, the section was compiled as 15-1-5 NMSA 1978.

The phrase "effective date of this act", referred to in this section, means May 18, 1988, the effective date of Laws 1988, ch. 64, § 3.

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. Laws 2004, ch. 25, § 27, compiled as 9-24-15 NMSA 1978, provides 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.