Holding the Reins of Education

The Senate debated SJR9, the resolution that would amend the State Constitution so that education, K-12 and higher education (UVU, MATC, U of U, etc.), would become a department in the Governor’s administration, subject to the rules made by the legislature, instead of being controlled by the elected State Board of Education. The resolution passed the Senate with a two-thirds majority and will now be sent to the House. If it passes the House with a two-thirds majority, it will be on the November ballot in 2012, when voters can decide whether to amend the State Constitution this way. As rigorous as this may seem, remember that last November every Constitution amendment question on the ballot was approved by the voters.

There is another resolution removing control from the State Board of Education, as is currently a provision in the State Constitution. SJR1 would have put the control of education strictly in the hands of the legislature. While SJR9 is moving forward, the sponsor of SJR1 is dropping his resolution in favor of SJR9.

Those who are guarding the interest of the School Trust Lands have a concern about this resolution. The management of the School Trust (SITLA) is a department under the office of the Governor. Public education is the beneficiary of the Trust. It is bad fiduciary policy for the manager of a trust to be the same person as the beneficiary.

In regard to the election of members to the State Board of Education, the excitement to make the elections partisan seems to be cooling and I believe it is because it could be found unconstitutional. The State Constitution prohibits partisan qualifications for employment by the public schools. Since the Board members are paid to serve, they are considered employees. There is still a bill calling for partisan elections but I have heard rumors that it may be abandoned.