{"id":590,"date":"2017-02-02T23:05:35","date_gmt":"2017-02-02T23:05:35","guid":{"rendered":"http:\/\/arknews.org\/?p=590"},"modified":"2017-02-02T23:05:35","modified_gmt":"2017-02-02T23:05:35","slug":"proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight","status":"publish","type":"post","link":"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/","title":{"rendered":"Proposed constitutional amendments seek to reshape Arkansas education oversight"},"content":{"rendered":"<figure id=\"attachment_591\" aria-describedby=\"caption-attachment-591\" style=\"width: 600px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-591\" src=\"http:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-600x397.jpg\" alt=\"\" width=\"600\" height=\"397\" srcset=\"https:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-600x397.jpg 600w, https:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-768x509.jpg 768w, https:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-1170x775.jpg 1170w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><figcaption id=\"caption-attachment-591\" class=\"wp-caption-text\">Sen. Alan Clark<\/figcaption><\/figure>\n<p>Two joint resolutions filed in the Arkansas Senate call for constitutional amendments that would fundamentally alter oversight of the public school system and the balance of powers between the branches of state government. If either\u00a0is approved by the legislature, it would appear on the 2018 ballot for consideration by voters.<\/p>\n<p><span style=\"\">In one of the amendments, the \u201cresponsibility\u201d of maintaining public schools would be shared between the state and individual school districts. In both measures, judicial review of the public school system would be altered or even eliminated, potentially contravening the standards established by the Lake View school funding case.<\/span><\/p>\n<p><span style=\"\">\u201cWe\u2019re getting the courts out of our education system,\u201d said Sen. Alan Clark (R-Lonsdale), lead sponsor of <a href=\"http:\/\/www.arkleg.state.ar.us\/assembly\/2017\/2017R\/Pages\/BillInformation.aspx?measureno=SJR5\">Senate Joint Resolution 5<\/a>, which addresses judicial review of public education. It proposes a constitutional amendment that would make the General Assembly the exclusive evaluator of the public school system. <\/span><\/p>\n<p>Retired judge Annabelle Imber Tuck was the trial court judge who first ruled the state was violating the Arkansas constitution in the Lake View case, leading to an increase in education funding and other reforms.\u00a0<span style=\"\">\u201cIt\u2019s basically saying the courts will no longer be involved in judicial review of any statute concerning public education,\u201d she said of Clark's proposal. \u201cSo there will be no check. There will not be equality in the ways public funds are expended to fund our students.\u201d<\/span><\/p>\n<p><span style=\"\">Arkansas\u2019s current funding model for public education was determined after decades of litigation, reaching as far back as the 1980s, when the Arkansas Supreme Court ruled in Jim Dupree v. Alma School District that the state had failed to provide a suitable education for all of its children. \u00a0<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">In 1992, the issue of school funding was revived when the Lake View School District sued the state, claiming that the school-funding system was unconstitutional. Ten years later, the Supreme Court ruled that the state\u2019s school-funding system was unconstitutional and inadequate. <\/span><\/p>\n<p>\u201cAdequacy\u201d was the term the court used to define the state\u2019s obligations as set out in the Arkansas Constitution to \u201cmaintain a general, suitable and efficient system of free public schools.\u201d<\/p>\n<p><span style=\"\">The Supreme Court ruling forced the state to commit to spend a significant amount of new state money to fix its chronically troubled schools. It also led to several other reforms enacted by the General Assembly, including <\/span><span style=\"\">a mandate that prioritizes the state to fund public schools before anything else in government, and <\/span><span style=\"\">a round of legislative hearings conducted every two years to determine the funding increases necessary to ensure the schools are adequate.<\/span><\/p>\n<p><span style=\"\">\u201cWhat Lake View did with respect to adequacy and equal protection \u2026 really revolutionized the public school system here in the state,\u201d said retired Justice Robert L. Brown, who, as a member of the Arkansas Supreme Court, wrote the majority opinions in the Lake View decision. \u201cI would hate to see that undermined in any respect.<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">\u201cWe have a system of government, we have three branches, and interpreting the Constitution falls to the judicial branch, not to the legislative branch.\u201d\u00a0<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><\/span><\/p>\n<p><span style=\"\">But not everyone agrees the court\u2019s involvement has been good for the state. \u00a0<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">\u201cLake View did some good things, but it has made the process not what it ought to be,\u201d Clark said. \u201cI have no doubt that education in Arkansas would be better off at this point, and for the foreseeable future, with the legislature deciding what adequacy is.\u201d \u00a0<\/span><\/p>\n<p><span style=\"\"><\/span><span style=\"\">Tuck said, \u201cIt goes against everything I was taught in law school in terms of the checks and balances of what we are proud of: our republic and its checks and balances between the executive branch, the legislative branch and the judiciary.<\/span><\/p>\n<p><span style=\"\">Sen. Joyce Elliott (D-Little Rock), vice-chair of the Senate Education Committee, said, \u201cThat is very, very bothersome. If the state is the one who\u2019s responsible for making sure that we have a suitable, adequate education, and then the state also evaluates itself, you can see where that might be a problem.\u201d <\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">Elliott said that was what was happening during segregation. \u201cThe state was deciding that we\u2019ve got these two separate school systems, and we deem them as equal. That didn\u2019t change until the courts got involved.\u201d <\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">Clark, asked if there were any drawbacks to his proposed amendment, said it was a question of unintended consequences. <\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">\u201cThere\u2019s almost always unintended consequences,\u201d Clark said. \u201cObviously, that depends on future legislatures.\u201d <\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">If the legislation passes, and the proposed amendment is put on the 2018 ballot, \u201cthe simple question will be \u2013 and you can answer it either way \u2013 is, do you want the courts to decide what an adequate education is, or do you want the people\u2019s branch, the people you voted to represent you, to decide what an adequate education is,\u201d Clark said. <\/span><\/p>\n<p>Clark\u2019s proposed amendment is not the only one that seeks to change\u00a0oversight of public education.<\/p>\n<p>In the constitution\u2019s present form, the state alone holds the responsibility to ensure an adequate public education. <a href=\"http:\/\/www.arkleg.state.ar.us\/assembly\/2017\/2017R\/Pages\/BillInformation.aspx?measureno=SJR3\">Senate Joint Resolution 3<\/a>, the \u201cPublic Education Partnership Amendment of 2018,\u201d proposes to make school districts share in the responsibility of maintaining the school system by amending Article 14, Section 1 of the state\u00a0constitution, which addresses public education.<\/p>\n<p>\u201cThis is us working together for public education,\u201d said Sen. Blake Johnson (R-Corning), lead sponsor of the resolution. \u201cThis is just a partnership like we did for years and years in education \u2026 that\u2019s what we need to get back to, is an amicable relationship, and not have the courts and everything in the middle of it and having takeovers and stuff.\u201d<\/p>\n<p><span style=\"\">But Brown said, \u201c[It] would take away the state control, which was the cornerstone of the Lake View decision. It might give the school districts \u2026 veto power over what the state wants to do since it is a shared responsibility.\u201d Brown added that the amendment would have to be interpreted by courts<\/span> <span style=\"\">if it passed.<\/span><\/p>\n<p>Johnson, when asked if the amendment would prevent school takeovers, said it could be \u201ca good vehicle for that not to happen.\u201d He said right now, the state has the ultimate responsibility when it comes to public schools. \u201cI don't think that is what any Arkansan believes public education is,\u201d Johnson said. \u201cI think it's local-driven and local-controlled, and whenever we get in a situation like that, like where we are now, that's not what's happening.\u201d<\/p>\n<p>The proposed amendment could also be interpreted as having an effect on school funding.<\/p>\n<p>\"The state of Arkansas would not be the sole one on the hook for the funding of public education\u200b,\u201d Tuck said of the proposed amendment. \u201cThe drafters want to make sure the public school districts are liable as well as the state, so the state would not have full responsibility for free public schools.\u201d<\/p>\n<p><span style=\"\">The resolution also asserts that the General Assembly, in its supervision of public education, cannot be held in violation of \u00a0Article 2 of the state\u00a0constitution, which details the rights of citizens including equal protection and due process. <\/span><\/p>\n<p><span style=\"\"><\/span><span style=\"\">Tuck said, \"[Under Johnson's proposal], whatever the General Assembly does as supervision of public schools will not violate the Arkansas Constitution, meaning there can be no judicial review of anything the legislature does as part of its supervision of public schools,\u201d Tuck said. \u201cBasically, it says the judicial system won't be involved with making sure the legislature complies with the Arkansas Constitution.\"<\/span><\/p>\n<p><span style=\"\"><\/span><span style=\"\">Johnson said he did not know if the amendment would eliminate court review of public education. \u201cI\u2019m not going to speculate on that,\u201d he said. <\/span><\/p>\n<p>Brown said, \u201cI think right now there would have to be more specificities as far as what is being offered in the way of an amendment to the Constitution. If they are saying this is a way of blunting any kind of cause of action for violation of the equal protection clause, I think it would have to be more specific.\u201d<\/p>\n<p><span style=\"\">Both Johnson and Clark said via email that they do not know when their proposed amendments will be heard in committee. <\/span><span style=\"\"><br \/>\n<\/span><span style=\"\"><br \/>\n<\/span><span style=\"\">A simple majority\u00a0vote in both chambers is necessary for an amendment to be referred to the 2018 ballot. The Senate may only recommend one proposed constitutional amendment for the House to consider, according to the Parliamentary Manual of the Senate for the 91st General Assembly. There are competing constitutional amendments in the Senate, including a voter ID proposal, a so-called tort reform measure and an appeal to Congress to propose a constitutional convention to amend the U.S. Constitution to define marriage between one man and one woman. <\/span><span style=\"\"><br \/>\n<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Two joint resolutions filed in the Arkansas Senate call for constitutional amendments that would fundamentally alter oversight of the public school system and the balance of powers between the branches of state government. If either is approved by the legislature, it would appear on the 2018 ballot for consideration by voters. <\/p>\n","protected":false},"author":4,"featured_media":591,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[38,39,42,40,41],"class_list":["post-590","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-arkansas-general-assembly","tag-alan-clark","tag-annabelle-imber-tuck","tag-blake-johnson","tag-lake-view","tag-robert-brown"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v17.3 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Proposed constitutional amendments seek to reshape Arkansas education oversight - Arkansas Nonprofit News Network<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Proposed constitutional amendments seek to reshape Arkansas education oversight - Arkansas Nonprofit News Network\" \/>\n<meta property=\"og:description\" content=\"Two joint resolutions filed in the Arkansas Senate call for constitutional amendments that would fundamentally alter oversight of the public school system and the balance of powers between the branches of state government. 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Alan Clark (file photo)\"},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#webpage\",\"url\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/\",\"name\":\"Proposed constitutional amendments seek to reshape Arkansas education oversight - Arkansas Nonprofit News Network\",\"isPartOf\":{\"@id\":\"https:\/\/arknews.org\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#primaryimage\"},\"datePublished\":\"2017-02-02T23:05:35+00:00\",\"dateModified\":\"2017-02-02T23:05:35+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/arknews.org\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Proposed constitutional amendments seek to reshape Arkansas education oversight\"}]},{\"@type\":\"Article\",\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#webpage\"},\"author\":{\"@id\":\"https:\/\/arknews.org\/#\/schema\/person\/8e1028aea4a3fef833f13d50ffaed730\"},\"headline\":\"Proposed constitutional amendments seek to reshape Arkansas education oversight\",\"datePublished\":\"2017-02-02T23:05:35+00:00\",\"dateModified\":\"2017-02-02T23:05:35+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#webpage\"},\"wordCount\":1435,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/arknews.org\/#organization\"},\"image\":{\"@id\":\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-1170x775.jpg\",\"keywords\":[\"Alan Clark\",\"Annabelle Imber Tuck\",\"Blake Johnson\",\"Lake View\",\"Robert Brown\"],\"articleSection\":[\"Arkansas General Assembly\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#respond\"]}]},{\"@type\":\"Person\",\"@id\":\"https:\/\/arknews.org\/#\/schema\/person\/8e1028aea4a3fef833f13d50ffaed730\",\"name\":\"Ibby Caputo\",\"image\":{\"@type\":\"ImageObject\",\"@id\":\"https:\/\/arknews.org\/#personlogo\",\"inLanguage\":\"en-US\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/83928f5aa56450db5faee991ca89b147f961b7decf7bc3a79123d445bc4f2509?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/83928f5aa56450db5faee991ca89b147f961b7decf7bc3a79123d445bc4f2509?s=96&d=mm&r=g\",\"caption\":\"Ibby Caputo\"},\"description\":\"Ibby Caputo is a journalist based in the Ozark Mountains who is covering the 91st Arkansas General Assembly for ANNN with a special focus on education and tax issues. She was a 2014-2015 MIT-Knight Science Journalism Fellow and covered health care, transportation, and breaking news as a reporter for WGBH\\u2019s Boston Public Radio and WGBH TV. Her work has aired on The World, NPR News, Morning Edition, All Things Considered, Weekend Edition, Marketplace Morning Report,\\u200b\\u200b and \\u200b\\u200bMarketplace Tech\\u200b. Her journalism, essays and photography have been published in the New York Times, the Washington Post, the Chicago Tribune, Cape Cod Times, The Times-Picayune, theAtlantic.com and elsewhere. Ibby received an award for hard news and was part of the team that won an award for investigative reporting, both from The Associated Press. She is an adjunct professor at Columbia University Graduate School of Journalism and is a recurring guest speaker at the Harvard Divinity School. Ibby received her B.A. from Princeton University and an M.S. from Columbia University Graduate School of Journalism.\",\"sameAs\":[\"http:\/\/ibbycaputo.com\/\"],\"url\":\"https:\/\/arknews.org\/index.php\/author\/ibby\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Proposed constitutional amendments seek to reshape Arkansas education oversight - Arkansas Nonprofit News Network","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/","og_locale":"en_US","og_type":"article","og_title":"Proposed constitutional amendments seek to reshape Arkansas education oversight - Arkansas Nonprofit News Network","og_description":"Two joint resolutions filed in the Arkansas Senate call for constitutional amendments that would fundamentally alter oversight of the public school system and the balance of powers between the branches of state government. If either is approved by the legislature, it would appear on the 2018 ballot for consideration by voters.","og_url":"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/","og_site_name":"Arkansas Nonprofit News Network","article_published_time":"2017-02-02T23:05:35+00:00","og_image":[{"width":2277,"height":1508,"url":"https:\/\/i2.wp.com\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark.jpg?fit=2277%2C1508","type":"image\/jpeg"}],"twitter_card":"summary_large_image","twitter_misc":{"Written by":"Ibby Caputo","Est. reading time":"7 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Organization","@id":"https:\/\/arknews.org\/#organization","name":"Arkansas Nonprofit News Network","url":"https:\/\/arknews.org\/","sameAs":[],"logo":{"@type":"ImageObject","@id":"https:\/\/arknews.org\/#logo","inLanguage":"en-US","url":"https:\/\/arknews.org\/wp-content\/uploads\/2021\/04\/annn_logo.png","contentUrl":"https:\/\/arknews.org\/wp-content\/uploads\/2021\/04\/annn_logo.png","width":1200,"height":900,"caption":"Arkansas Nonprofit News Network"},"image":{"@id":"https:\/\/arknews.org\/#logo"}},{"@type":"WebSite","@id":"https:\/\/arknews.org\/#website","url":"https:\/\/arknews.org\/","name":"Arkansas Nonprofit News Network","description":"","publisher":{"@id":"https:\/\/arknews.org\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/arknews.org\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"ImageObject","@id":"https:\/\/arknews.org\/index.php\/2017\/02\/02\/proposed-constitutional-amendments-seek-to-reshape-arkansas-education-oversight\/#primaryimage","inLanguage":"en-US","url":"https:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-1170x775.jpg","contentUrl":"https:\/\/arknews.org\/wp-content\/uploads\/2017\/02\/alan-clark-1170x775.jpg","width":2277,"height":1508,"caption":"Sen. 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She was a 2014-2015 MIT-Knight Science Journalism Fellow and covered health care, transportation, and breaking news as a reporter for WGBH\u2019s Boston Public Radio and WGBH TV. Her work has aired on The World, NPR News, Morning Edition, All Things Considered, Weekend Edition, Marketplace Morning Report,\u200b\u200b and \u200b\u200bMarketplace Tech\u200b. Her journalism, essays and photography have been published in the New York Times, the Washington Post, the Chicago Tribune, Cape Cod Times, The Times-Picayune, theAtlantic.com and elsewhere. Ibby received an award for hard news and was part of the team that won an award for investigative reporting, both from The Associated Press. She is an adjunct professor at Columbia University Graduate School of Journalism and is a recurring guest speaker at the Harvard Divinity School. 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