Omar Bennett
The Constitution of Michigan of 1963 § 2 states that the legislature must maintain and support a system of free public elementary and secondary schools, defined by law. This system ensures that every school district provides education without discrimination based on religion, creed, race, colour, or national origin. The constitution also prohibits the use of public funds to support nonpublic schools or the attendance of students at such institutions. Additionally, Article 8, Section 3 of the same constitution outlines the role of the State Board of Education, which provides constitutional leadership and general supervision over public education. The board is responsible for developing guidelines and standards, serving as a unifying force for education within the state, and advising on financial requirements. The Superintendent of Public Instruction, appointed by the State Board of Education, executes its policies and leads the Department of Education.
| Characteristics | Values |
|---|---|
| Responsibility | The Michigan Legislature is responsible for maintaining and supporting a system of free public elementary and secondary schools. |
| Discrimination | Every school district shall provide education without discrimination based on religion, creed, race, color, or national origin. |
| Funding | No public money shall be used to aid or maintain private, denominational, or other non-public schools. |
| Transportation | The Legislature may provide for the transportation of students to and from school. |
| Leadership | The State Board of Education provides constitutional leadership by emphasizing the concern of all people in educational processes and encouraging greater public participation in the operation of educational institutions. |
| Planning and Coordination | The State Board of Education serves as the planning and coordinating body for all public education, including higher education, and advises the Legislature on financial requirements. |
| Superintendent of Public Instruction | Appointed by the State Board of Education, the Superintendent is responsible for executing its policies and is the principal executive officer of a Department of Education with powers and duties provided by law. |
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What You'll Learn
- The Michigan Constitution of 1963 § 2 outlines the need for free public elementary and secondary schools
- The legislature must maintain and support free public schools as defined by law
- Every school district must educate pupils without discrimination based on religion, creed, race, colour, or national origin
- No public money can be used to aid non-public schools, students, or employees directly or indirectly
- The State Board of Education is responsible for general planning and coordination for education within the state
The Michigan Constitution of 1963 § 2 outlines the need for free public elementary and secondary schools
Furthermore, the Michigan Constitution of 1963 § 2 prohibits the use of public funds or property to aid or maintain any private, denominational, or other nonpublic schools at the pre-elementary, elementary, or secondary level. It also prevents the provision of any financial benefits, such as tax credits or subsidies, to support students' attendance or employment at such nonpublic schools.
The constitution also addresses the role of the State Board of Education, which is responsible for providing constitutional leadership in education. The Board emphasises two fundamental principles: firstly, the involvement of all people in educational processes to safeguard democracy, and secondly, greater public participation in the operation of educational institutions. The Board develops guidelines and standards to ensure the provision of public education and serves as the planning and coordinating body for all public education, including higher education.
Additionally, the Michigan Constitution of 1963 § 2 allows the legislature to provide for the transportation of students to and from school. An amendment to this section, approved on November 3, 1970, and effective from December 19, 1970, was later found to be unconstitutional. This amendment prohibited the use of public money to support the attendance of students at institutions offering instruction to nonpublic students, as it contravened the free exercise of religion and equal protection of laws.
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The legislature must maintain and support free public schools as defined by law
The Michigan Constitution of 1963 guarantees that the state's legislature shall "maintain and support a system of free public elementary and secondary schools as defined by law". This mandate ensures that every school district provides for the education of its pupils without discrimination based on religion, creed, race, colour, or national origin.
To ensure this, no public monies or property can be used to aid or maintain any private, denominational, or other nonpublic schools. This includes prohibiting the use of public funds to support the attendance of students or the employment of staff at nonpublic schools or institutions where instruction is offered to nonpublic students. This was further reinforced by an Amended Initiated Law, approved in 1970, which stated that the use of public money to support attendance at nonpublic schools contravened the free exercise of religion and equal protection of laws provisions of the United States Constitution.
However, the legislature may provide for the transportation of students to and from any school. Additionally, the state constitution, long-standing state law, and federal law guarantee Michigan children the right to a free, quality, and equitable public education. To uphold this right, the Department of Technology, Management, and Budget is tasked with conducting a comprehensive statewide cost study to determine the resources per pupil required to provide a successful public education. This study considers various factors, including school district efforts in supporting public schools, geographic cost-of-education indexing, and additional funding categories to meet unique needs.
The Michigan Constitution's mandate for free public education ensures that all children have equal access to quality education, regardless of their background or beliefs, and that public funds are not used to support private or discriminatory educational institutions.
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Every school district must educate pupils without discrimination based on religion, creed, race, colour, or national origin
The Michigan Constitution of 1963 outlines the state's commitment to providing free public elementary and secondary education. This includes the stipulation that:
> Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin.
This clause ensures that all students within Michigan's public school system have equal access to education, regardless of their personal characteristics or beliefs. It is a powerful statement of equality, reflecting the values of fairness and inclusivity. This clause also ensures that students are not discriminated against based on their ancestry, ethnic characteristics, or the region or country they or their parents originate from. This includes discrimination based on accent, name, or limited English proficiency.
The constitution further prohibits the use of public funds to support nonpublic schools or the attendance of students at such institutions. This provision ensures that public money is directed solely towards the state's public education system, promoting equality and accessibility.
The Michigan Constitution's emphasis on nondiscrimination in education is also reflected in federal laws, such as Title VI, which prohibits discrimination based on race, colour, or national origin. This includes creating a hostile environment based on these factors. Additionally, the Equal Access Act plays a role in ensuring that religious student groups are not discriminated against in schools.
The state's commitment to nondiscrimination is further demonstrated by the role of the State Board of Education, which provides constitutional leadership and general supervision over public education. This body emphasizes the importance of public participation in educational processes and ensures that all people are concerned in the educational journey, thereby safeguarding democracy.
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No public money can be used to aid non-public schools, students, or employees directly or indirectly
The Michigan Constitution of 1963 outlines the state's commitment to providing free public elementary and secondary education. It also includes a provision that prohibits the use of public funds to support non-public schools or students directly or indirectly. This provision, found in Article VIII § 2 of the Michigan Constitution, states:
> "No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school."
This means that the state legislature cannot use public funds to support or maintain any non-public schools, including private, religious, or other non-public educational institutions at the pre-elementary, elementary, or secondary level. This also extends to prohibiting the use of public funds for any student or employee at a non-public school or institution.
The intention behind this provision is to uphold the separation of church and state and ensure that public funds are used exclusively for public educational institutions. It also guarantees that all children, regardless of their background or beliefs, have access to free and equitable primary and secondary education within the state school system.
However, it's important to note that this provision was challenged in the Traverse City School District v Attorney General case in 1971. The ruling held that the prohibition on using public money to support the attendance of any student or the employment of any person at a non-public school or institution was unconstitutional. The court found that it violated the free exercise of religion and equal protection of laws provisions of the United States Constitution.
Despite this legal challenge, the core principle of the Michigan Constitution's Article VIII § 2 remains in force, reflecting the state's commitment to supporting and maintaining its public education system while drawing a clear boundary regarding the use of public funds for non-public educational entities.
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The State Board of Education is responsible for general planning and coordination for education within the state
The US Constitution does not specifically mention education; instead, the Tenth Amendment states that "the powers not delegated to the United States by the Constitution nor prohibited by it to the states are reserved to the states respectively or to the people." This has resulted in education being a state responsibility, with each state having different standards and policies.
In Michigan, the constitution states that the legislature must "maintain and support a system of free public elementary and secondary schools as defined by law." Every school district must provide education without discriminating based on "religion, creed, race, color, or national origin." The constitution also prohibits the use of public funds to support nonpublic schools or students.
State boards of education are responsible for the development and management of public education within their respective states. They serve as the citizens' voice, representing the public in conceptualizing and formulating the mission of schools. State boards also have specific legal responsibilities, such as appointing chief state school officers and adopting learning standards that all students are expected to achieve. The board members come from diverse backgrounds and are dedicated citizen leaders, often serving as volunteers.
While state legislatures have the ultimate legal authority over educational policy, they delegate specific responsibilities to state boards. These boards function as unbiased brokers, making decisions and ensuring coordination in education within their states. They play a crucial role in maintaining the quality of education and addressing the needs of their regions.
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Frequently asked questions
The Michigan Constitution of 1963 states that the legislature shall maintain and support a system of free public elementary and secondary schools. It also states that every school district shall provide education without discrimination based on religion, creed, race, color, or national origin.
The State Board of Education in Michigan is responsible for providing constitutional leadership and general supervision over all public education, including adult education and instructional programs in state institutions. It serves as the general planning and coordinating body for public education and advises the legislature on financial requirements.
The Superintendent of Public Instruction is appointed by the State Board of Education and is responsible for executing its policies. They are the principal executive officer of a state department of education, which has powers and duties provided by law.
