A Matter of Control

Once the rhetoric surrounding House, Bill 229 is removed, the matter comes down to one issue--control. Who All govern higher education in Montana after November 1996. Will the constitutional authority remain with the Board of Regents, or will the Montana Constitution be changed and the power vested in the legislature and governor?

The Board of Regents is higher education's school board. The governor appointed members come from all corners of the state. The governor serves as an ex officio member of the board and the Regents hire a commissioner who is analogous to a local school board's superintendent.

House Bill 229 would replace this seven-member lay board with an eight person commission appointed by the governor; the commissioner of higher education with a director of education appointed by the governor; and the commissioner's 15 person staff with a department of education. Instead of constitutional authority. the new commission, director, and department "shall have duties as assigned by law"--in other words, by the legislature.

Upon passage of the constitutional amendment, "the governor may create a department of education and the state education commission" What may be overlooked, however, is the provision stating that the Board of Regents and the commissioner of higher education "shall continue to perform duties that were constitutionally assigned until January 1, 2001." This gap of more than four years raises the question of who exactly will be responsible for higher education after November, 1996?

As was the case prior to 1912 when the constitution was changed to its current form, HB 229 would regress to the era of deal-making, pork-barrel politics, and two-year policy shifts. With a Director of Education answering directly to the Governor on a daily basis, anything from a school's colors to major curriculum decisions could be subject to the chief executive's review. Since the legislature would be responsible for the rulemaking, political considerations are likely to increase.

Why is this change to Montana's Constitution being proposed? The 150-member legislature and the governor believe they can make better decisions about education than the seven-member Board of Regents.

This issue is of major importance to Montanans and to the future of their education system. Please do not limit yourself to hearing only my perspective or that of anyone else on this ballot measure. Instead learn more about the legislation. What are the consequences if this passes'? What will happen when Montana's current governor is no longer in office? Why are we returning to a pre-1972 structure when the framers of the 1972 Constitution saw fit after 80 years to abandon what is now being proposed?