Monday, January 20, 2020

Update on Proposed Constitutional Amendment.  Last Monday (1/13), a forum on the proposed constitutional amendment was held at the Federal Reserve Bank of Minneapolis to give proponents an opportunity to explain the reasoning behind the proposal and the need for it.  It was a star-studded day and the panels and the keynote address from Attorney General Keith Ellison were energetic and insightful.  Attorney General Ellison's address was especially powerful and hit on a number of key points outlining the need for change.

There are a lot of reasonable arguments for the amendment, but one I am having trouble getting my head around is that the education clause in the Minnesota Constitution hasn't been changed since 1857.  That's certainly true, but I don't know if that, in and of itself, is a reason to amend the Constitution.  Constitutions aren't documents to be trifled with and while change may be in order, the fact that the education clause hasn't been amended to this point in Minnesota history.

From my vantage point, the primary change is moving from the idea of a "system" of education to a student-based fundamental right.  The fundamental right to an education in Minnesota was established by the Skeen decision, but the proposed amendment would formalize that in the new language.  

Another change would spring from the need to define "quality" in the proposed amendment.  Most education funding litigation deals with adequate and/or equitable funding and there's over fifty years of state court law through which courts have become comfortable with measuring state systems against those standards.  Moving to "quality" would require courts to grapple with a new paradigm and that might (and I stress "might") require a round or two of litigation for the court to develop a constitutional definition of "quality."  Another aspect of "quality" is that it could reach into areas not traditionally thought of as open to litigation.  I think of teacher licensure as an example.

Here are a couple of other resources to consult as discussion of the proposed Constitutional amendment ensues.  Former St. Cloud school board member and school litigation expert Jerry von Korff blogs on education issues and he has two insightful entries on the current effort to amend the Minnesota Constitution.  His blog can be found at:

jvonkorff on Education

Here is a link to the Skeen v. Minnesota decision.  I was looking for a more user-friendly on-line document, but this is the best I could do.  If you scroll down, you can see Justice Page's dissent, much of which is echoed in his comments on the proposed Constitutional amendment.

Skeen v. Minnesota

Congrats to Dr. Deb Henton.  North Branch superintendent and SEE Executive Board member Dr. Deb Henton has been named the new Executive Director of the Minnesota Association of School Administrators, succeeding Dr. Gary Amoroso, who will be retiring on June 30.  Dr. Henton will be sorely missed for her work with SEE and I know the folks in North Branch feel the same way.  Her contributions to SEE as a member of the Executive Board, a consistent participant on the Legislative Committee, and as the organization's Secretary have been considerable and crucial to our success.  Her record as superintendent is also superlative as she guided North Branch during challenging times.  I know I speak for everyone involved with SEE when I wish her the best as she takes on her next challenge.


I guess this pic says it all as out-going MASA Executive Director Gary Amoroso gives in-coming Executive Director Deb Henton her Superintendent of the Year award back in 2018.

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