Section 11. The general control and supervision of the state university and the various other state educational institutions shall be vested in a state board of education, whose powers and duties shall be prescribed and regulated by law. The said board shall consist of eleven members, the governor, state superintendent of public instruction, and attorney general, being members ex-officio; the other eight members thereof shall be appointed by the governor; subject to the confirmation of the senate, under the regulations and restrictions to be provided by law.
Section 9. Boards of education.
There is a state board of education composed of the board of regents of higher education and the board of public education. It is responsible for long-range planning, and for coordinating and evaluating policies and programs for the state's educational systems. It shall submit unified budget requests. A tie vote at any meeting may be broken by the governor, who is an ex officio member of each component board.
The government and control of the Montana university system is vested in a board of regents of higher education which shall have full power, responsibility, and authority to supervise, coordinate, manage and control the Montana university system and shall supervise and coordinate other public educational institutions assigned by law.
The board consists of seven members appointed by the governor, and confirmed by the senate, to overlapping terms, as provided by law. The governor and superintendent of public instruction are ex officio non-voting members of the board.
The board shall appoint a commissioner of higher education and prescribe his term and duties.
The funds and appropriations under the control of the board of regents are subject to the same audit provisions as are all other state funds.
There is a board of public education to exercise general supervision over the public school system and such other public educational institutions as may be assigned by law. Other duties of the board shall be provided by law.
The board consists of seven members appointed by the governor, and confirmed by the senate to overlapping terms as provided by law. The governor, commissioner of higher education and state superintendent of public instruction shall be ex officio non-voting members of the board.
December 1994
School Governance: Excerpts
The Task Force recommends amending Article X of the Montana Constitution, to create a Department of Education, headed by a director appointed by and reporting to the governor, and the creation of a constitutionally based State Education Commission. The recommendation would require a constitutional amendment because the proposal eliminates the Board of Regents (and commissioner of higher education), the Board of Public Education (and its executive secretary), the Board of Education and the elected superintendent of public instruction. Because the elected superintendent serves on the Land Board, the board should be reconfigured with three members (governor, attorney general, and state auditor). Control of school districts would continue to be vested in local boards of trustees as provided by the constitution. (See Appendix 2, Education Governance Structure: Governor's Task Force Recommendation and Current Model.)
The Task Force further encourages the governor, Board of Regents, commissioner of higher education, Board of Public Education, and superintendent of public instruction to continue their efforts to implement Article X, Section 9 of the Montana Constitution.
A matter of concern to many and confusion to most is the cumbersome combination of offices and authorities which currently oversee Montana's education system. Both the elected Superintendent of Public Instruction and the Board of Public Education appointed by the governor have general supervision over kindergarten through 12th grade education. In addition, the Board of Regents appointed by the governor hires a commissioner of higher education to manage the units of higher education and the vocational technical schools.
The existing organizational structure is not conducive to coordinated management of kindergarten through graduate school education. The responsibility for implementation of education policy is fragmented and compromised due to the competing perspectives of the Board of Public Education, superintendent of public instruction, Board of Regents, the commissioner of higher education, and the governor. Complicating the matter is the fact that the budget for education, which comprises 65 percent of the general fund budget, is submitted directly to the Legislature. The result is that the governor cannot give the same kind of direction and support to education that he gives to health, human services, and other areas.
The 1972 Constitution reads in part, "There is a state board of education composed of the board of regents of higher education and the board of public education. It is responsible for long-range planning, and for coordinating and evaluating policies and programs for the state's educational systems. It shall submit unified budget requests. A tie vote at any meeting may be broken by the governor, who is an ex officio member of each component board."
The coordination between public education and higher education mandated by the constitution has not been achieved.
To coordinate kindergarten through graduate school education, providing management of a "seamless" educational system, necessary to the making of management and policy decisions on those issues common to kindergarten through 12th grade and higher education.
To provide a more cohesive executive level structure for education, thereby facilitating statewide planning, coordination, and improvement of the state's educational efforts.
To provide earlier integration of educational interests in the overall budget process.
To separate education policy from partisan politics.