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SALT LAKE CITY — Two resolutions that seek to amend the Utah Constitution to redefine the authority of the State Board of Education passed the Senate Education Committee on Wednesday.
The resolutions now move to the Senate floor and would have to pass in both houses by a two-thirds majority before they could be put on a ballot during the next general election, when voters would either approve or reject the changes.
Currently, control and supervision of public education is "vested in a State Board of Education," as defined by the Utah Constitution. State law places supervision of the state's colleges and universities under the state Board of Regents, who are appointed by the governor.
Sen. Chris Buttars, R-West Jordan, is sponsoring SJR001, which would specify that the State Board of Education controls and supervises the education system "as provided by statute." Those last four words aren't currently included in the constitution.
Buttars told the committee that he believes there isn't enough accountability at the State Board of Education, and his proposal is a response to that.
Several supporters of Buttars' legislation addressed the committee, including Oak Norton, an outspoken critic of Alpine School District. Some recounted examples of local districts not abiding by statute in the curriculum or values taught. Some had to be reminded to explain how Buttars' legislation would remedy those frustrations.
Among Buttars' complaints were "fuzzy math" being taught in schools, local boards of education being tied to special interest groups and insufficient oversight of local districts by the State Board of Education.
Buttars said the phrase he is seeking to add currently appears in the constitution 77 times. He said the amendment wouldn't mean the Legislature would micro-manage public education any more than it does other state departments.
But he said the change would mean "If things don't go properly, we could intervene."
The committee forwarded the bill to the full Senate on a 3-2 vote.
The reason for the resolution is to place in the hands of the governor the authority to bring all of [Utah's education] interests together.
–Sen. Stuart Reid
#reid_q
Following Buttars, Sen. Stuart Reid, R-Ogden, presented his SJR9, which would move the control and supervision of public and higher education to the governor. It advanced to the Senate, 4-1.
Reid said the basis for his proposal is to align government of education with what the public thinks is already happening. He said he was personally "shocked to learn" how little say the governor has in how education is handled in the state. He said the governor proposes a budget prior to the legislative session, but when it comes down to it, the Legislature decides where to put the money.
"The Legislature knows that he has no constitutional authority over that budget," Reid said.
Reid said he believes both public and higher education would benefit from an "overarching authority" that would serve to unite them. The governor oversees higher education through appointments to its governing board.
"They're not necessarily working together," he said. "The reason for the resolution is to place in the hands of the governor the authority to bring all of those interests together."
State Superintendent Larry Shumway responded to both resolutions. He told the committee that in his experience, all members of the State Board of Education respect legislative authority. He said that some of the governance issues spoken of might be unintentional biproducts of past legislation.
What is needed is not to change the system but to use it ... as the way it was intended.
–Debra Roberts, Utah Board of Education
#roberts_q
He said for lawmakers to "look closely to see if in fact there are other elements that have created whatever problems you're trying to fix."
Reid said if his resolution passes the House and Senate this session, legislators and the governor would work together during interim to determine what roles if any the State Board of Education and Board of Regents would have in a future system — if voters approve the proposed amendments. He said it's likely things would run similarly to how they are currently, with only the constitutional authority changing.
Debra Roberts, chairwoman of the State Board of Education, said before the committee hearing that sweeping changes aren't the solution to governance issues. "Let's let the governance work the way it was originally intended to work," she said.
E-mail: mfarmer@desnews.com
