Board: Dick Snyder's school reform plan violates constitution
The State Board of Education today unanimously asked Gov. Rick Snyder to reconsider the transfer of the state school reform office from the Michigan Department of Education to a state office directly under his control, saying the move violates the state constitution.
The board cited a provision in the Michigan Constitution that says "leadership and general supervision over all public education" is vested in a state education board. It said the framers of the constitution were clear in their intent.
"The reasons... are as relevant today as they were in 1963," Casandra Ulbrich, D-Rochester Hills, said as she read from a statement the board issued today.
"Decisions affecting the educational environment, from school safety to effective learning environments and health and well-being, should be directed by those with expertise in effective education policy, not by individuals or government departments with no expertise in educating children," the statement said.
The board appoints the state superintendent, who oversees the MDE.
Read the full statement here.
Snyder signed an executive order Thursday moving the office to the state Department of Technology, Management and Budget. The school reform office oversees 138 priority schools — those that perform in the bottom 5% of all schools statewide. The office works with those schools to develop plans for improvement and hold them accountable for carrying out those plans. Snyder has said he wants the office to take a more proactive approach in addressing the worst-performing schools in the state.
The executive order takes effect 60 days from when it was signed.
Whether the transfer truly violates the constitution is unclear. It would not be the first time a major function of the department was moved. Gov. John Engler moved all assessment functions from MDE when he was in office, a move that was reversed when Gov. Jennifer Granholm took office.
David Murray, a spokesman for Snyder, said the executive order "is within the governor's constitutional authority."
"Gov. Snyder took this step because he believes in looking at the best possible outcome in the fastest way possible," Murray said. "Our urgent goal is to make a meaningful difference for the children and families in these most struggling schools, some of which have been struggling for years."
Board member John Austin, D-Ann Arbor, said earlier in the meeting that the move is counterproductive. The board, he said, must make the case that moving education functions across state government isn't "the most effective way to hit the intended target of turning around" the worst-performing schools.
The governor, he said, is missing an opportunity to bring together the state board, the governor's office and the next state schools superintendent. The board could decide as soon as Wednesday on a new superintendent, who would replace the retiring Mike Flanagan.
Eileen Weiser, R-Ann Arbor, pointed out one irony in the statement: some of the functions of the State Board that are noted in the constitution — and reiterated in the Board asks Snyder to reconsider tranfer of state school reform office: