Contact: Jill Roof
734.542.8001

CRC's Con-Con Series Analyzes Article VIII - Education

The eleventh in the Citizens Research Council of Michigan's series of papers about state constitutional issues focuses on education -- Article VIII of the 1963 Michigan Constitution.

According to the Tenth Amendment in the Bill of Rights to the United States Constitution, education is a power reserved to the states. Therefore, while the federal government plays a role in education, the ultimate authority over education resides with state governments. The responsibility of the state for elementary and secondary education and higher education is found in Article VIII of the Michigan Constitution. Article VIII outlines the roles of the state legislature, governor, state board of education, and superintendent of public instruction in regards to elementary and secondary education. It also addresses governance and statewide planning and coordination of higher education.

Article VIII has not been amended heavily over the years and does not have many inoperable provisions that need to be addressed, but a review of it does raise issues that would likely be addressed by a constitutional convention. One of the most significant issues a constitutional convention might address is current language in the constitution requiring the state legislature to maintain and support a system of public elementary and secondary education. Current language has not provided sufficient grounds for judicial intervention in school funding, but stronger language may make the state vulnerable to court challenges. "With the funding cuts to schools in recent years, some advocates of more funding for schools may be impatient with the political process and seek to increase funding through judicial intervention by inserting stronger language into the constitution as it relates to the state's responsibility to provide and support a system of free public education," said Jill Roof, CRC's Research Associate.

Additionally, the governance structure for elementary and secondary education may be reviewed, including the roles and authority of the state legislature, governor, and state board of education. "The delegates at the 1961 constitutional convention believed they were giving the state board of education a broad grant of authority," Roof said, "but the board in practice has taken on a consultative and advisory role, with the state legislature having ultimate authority over education."

Finally, the governance of the state's public universities and community colleges would likely be reviewed, as well as statewide planning and coordination of higher education, which is currently very limited.

In looking at each article of the Michigan Constitution, CRC 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.

Article VIII -- Education can be accessed at www.crcmich.org/PUBLICAT/2010s/2010/rpt36011.html. The series of constitutional issues papers is being released on roughly a bi-weekly schedule and can be accessed at www.crcmich.org/election.

The Citizens Research Council of Michigan is a private, nonprofit public affairs research organization, founded in 1916 to analyze issues pertaining to state and local government organization and finance in Michigan.