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HJR 16

Memorials, Recognition - Police Chief Richard Catlett and the Pigeon Forge Police Department, Excellence in Police Services Award -

114th Regular Session (2025-2026) Introduced by Fred Atchley

Amends NM Constitution to allow state funding to parents of home-schooled or private nonsectarian students; funding would require future legislation and voter approval.

Signed by Governor.
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Bill Summary · HJR 16

Summary — HJR 16 (2025): Funding for Home or Private School — Constitutional Amendment (NM)

Status: Action postponed indefinitely (as of 2025-06-03)
Introduced: 2025 (LESC analysis dated 02/13/2025); listed filing dates in 2025
Bill type: Joint resolution proposing a constitutional amendment (New Mexico)
Companion bills: SJR 1, SJR 49

Main purpose

HJR 16 would amend Article IV, Section 31 of the New Mexico Constitution to permit state funding to parents or legal guardians of school‑age children who are enrolled in either:
- a home school program, or
- a private, nonsectarian and nondenominational school program.

As a proposed constitutional amendment, the change would take effect only if approved by New Mexico voters at the next general election (or a prior special election).

Key provisions / changes

  • Modify the constitutional prohibition that currently bars appropriations “for any charitable, educational, or other benevolent purpose” to entities not under state control, to allow direct state funding to parents/guardians for home schooling or enrollment in private nonsectarian, nondenominational schools.
  • The resolution itself does not appropriate funds; it would only permit future legislation or appropriations to provide such payments.
  • Explicit limitation to nonsectarian and nondenominational private schools (does not authorize funding for sectarian schools).

Current constitutional context

  • Article 4, Section 31 and Article 12, Section 3 currently restrict state support for private/sectarian education and require educational institutions to remain under “exclusive control of the state.”
  • Article 9, Section 14 (the state “anti‑donation clause”) generally prohibits state or local governments from making donations or financial provisions to private persons or enterprises, with certain exceptions. HJR 16 would change the constitutional bar as described above.

Who would be affected

  • Parents/legal guardians of home‑schooled children and students in qualifying private nonsectarian/nondenominational schools — potential new eligibility for state funding (e.g., vouchers or grants) if implementing legislation is later passed.
  • Public school districts and charters — potential enrollment and funding impacts if families shift from public schools to funded private/home options.
  • State agencies (Secretary of State) for ballot and publication requirements if the amendment proceeds to voters.

Fiscal and procedural notes

  • Joint resolutions do not appropriate money. Any programmatic costs would come from subsequent legislation.
  • Administrative costs to the Secretary of State for ballot materials and publication are required by statute; LESC referenced a 2022 cost of roughly $404,000 to publish multiple amendments/questions as a point of comparison (actual cost varies by length/number of amendments and registered voters).
  • Adoption requires voter approval on the ballot (general or special election). If ratified by voters, enabling legislation would be needed to create programs, eligibility rules, oversight, and appropriation mechanisms.

Data cited in analysis

  • Public Education Department counts: ~11,700 home‑schooled students in SY2024.
  • National Center for Education Statistics (SY2020–21): ~22,000 students in 164 private schools in New Mexico (combined with home‑schoolers ≈ 38,000 students outside the public system) vs. ~321,000 public school membership.

Status and next steps

  • As of the latest available legislative records provided, HJR 16 was postponed indefinitely on 2025‑06‑03. If revived and passed by the Legislature, it would then be placed on the ballot for voter approval.

Compiled from official sources — confirm details with the bill’s official record.

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