In Brief
At the November 2, 2010 general election, the voters of Michigan will decide whether to call a constitutional convention to revise the 1963 Michigan Constitution. The question appears on the ballot automatically every 16 years as required by the Constitution. The Constitution provides that a convention would convene in Lansing on October 4, 2011. If the question is rejected, it will automatically appear on the ballot again in the year 2026.
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The Citizens Research Council of Michigan takes no position on the question of calling a constitutional convention. It is hoped that examination of the matters identified in this paper will promote discussion of vital constitutional issues and assist citizens in deliberations on the question of calling a constitutional convention.
The responsibility of the state for elementary and secondary education and higher education (both community colleges and public universities) is found in Article VIII of the Michigan Constitution. A review of the article raises a number of issues that would likely be debated at a constitutional convention, including both funding and governance issues. The level of state support provided to local school districts is a contentious issue and the language requiring the legislature to maintain and support a system of public education may be reviewed. Current language has not provided sufficient grounds for judicial intervention in school funding; stronger language requiring equal or adequate funding of public education may make the state vulnerable to court challenges. The current constitutional prohibition against aid to nonpublic schools has been an issue over the years with the passage of charter school legislation in 1993 and a 2000 ballot proposal to allow for school vouchers (defeated), and would likely be evaluated by a constitutional convention.
A constitutional convention would likely review the governance structure set up in Article VIII for issues related to both K-12 education and higher education. The legislature, governor, state board of education, and superintendent of public instruction all have roles in K-12 education governance. Under the current system, governance is shared with ultimate authority over governance and funding residing with the state legislature. The state board of education has a constitutional oversight role, but it has been a limited role in practice. Additionally, statewide planning and coordination of higher education could be discussed and may lead to changes in how institutions of higher education are governed or how board members are selected. The election of members of the state board of education and three governing boards of public universities (University of Michigan, Michigan State University, and Wayne State University) adds 32 state education officials to the ballot (eight elected every two years in staggered elections) and lengthens the ballot significantly.
Finally, the establishment and support of public libraries in the 1963 Constitution may be discussed because of the evolving needs of residents with respect to libraries and technology.
Introduction
The Michigan Constitution singles out education as a uniquely important state function by devoting an entire article to it and by stating that "schools and the means of education shall be forever encouraged" (Section 1). Article VIII deals with elementary and secondary education as well as higher education; it has been amended only twice (once to prohibit aid to nonpublic schools and once to change the word handicapped to disabled to comply with the nomenclature in the federal American with Disabilities Act). However, if a constitutional convention is called for, a number of sections of Article VIII may be subject to review and potential alteration.
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