A Macro View: Home Rule, State Affairs and School Consolidation

1. Dr. Eric Scorsone Director State and Local Government Program Michigan State University Extension A Macro View: Home Rule, State Affairs and School Consolidation

2. Background Conditions

3. Nominal GF Revenue in 2007 Less Than in 1996

4. General Fund & School Aid Operating Deficits

5. Types of Local Government Michigan Has 8 GENERAL PURPOSE SPECIAL PURPOSE

6. Local GovernmentsOverlapping Boundaries * Boundaries may cross city, township and village lines ** Boundaries are within the township *** Boundaries may include more than one county City County School Dist.* Township** Intermediate School Dist.***

8. Home Rule and State Affairs

9. Public Education • Is a function of the state….. • That can be delegated to local units of government (school districts and boards • Local school board is manifestation of local home rule of schools • Local control of schools emerged under • Massachucetts Act of 1789 and 1801

10. Dillon's Rule Cooley Doctrine Two Sides of the Argument

11. Home Rule Concept • Most forcefully argued by Thomas Cooley (MI Supreme Court) in late 1800’s • Grants discretionary authority to local governments over “local affairs” • Local government is a matter of absolute right to citizens, cannot be taken away by state

12. Creatures of the State (No Home Rule) • Dillion’s Rule (Iowa Supreme Court) • Local governments possess no inherent sovereignty unless expressly implied by state law • Local governments owe their very existence to the state

13. Trenton v. New Jersey 1923 (Supreme Court) • In the absence of state constitutional provisions safeguarding it to them, municipalities have no inherent right of self-government which is beyond the legislative control of the state. 1 A municipality is merely a department of the state, and the state may withhold, grant or withdraw powers and privileges as it sees fit. However great or small its sphere of action, it remains the creature of the state exercising and holding powers and privileges subject to the sovereign will.

14. Assessing the Degree of Home Rule • Degree of Discretionary Authority • Immunity from state mandates/legislation • Court interpretation of “local government authority” also called “liberal construction”

15. Degree of Discretionary Authority over: • Structure and organization; How will you operate? • Function: What will you do? • Fiscal: How will you raise spend and borrow money • Personnel: Number, type and condition of employees

16. Local Control of Schools • Been significantly eroded by: • Compulsory attendance (most of the 20th century; all states) • Every state has teacher certification requirements • State approved curriculum and minimum standards • Teacher tenure statutes and negotiation statutes

17. Local Control and Financing • Serrano v. Priest (CA, 1971)—since that time school financing has dramatically changed • Most states have significantly increased their control and share of financing of schools

18. Michigan Home Rule & Constitution • In general, Michigan home rule is not as strong as it would first appear • Constitutional provisions for home rule do not identify school districts • Statues must be passed to implement constitutional provisions • Legislature shall pass no special or local in any case where a general act can be made applicable • State is prohibited from requiring any new or expanded activities by local governments without full state financing

19. Prior to Home Rule City Act Cities incorporated by special acts of the legislature, therefore the act organizing the city became the basic law for the city, any modification required legislative action

20. Cities and Village Government • Creatures of the State: created and empowered by the legislature • Local governments in Michigan have restrictive powers: only permitted to do what the legislature has enabled them to do, as opposed to permissive powers existing in some states. • Home rule modifies the restrictive power provision.

21. Home Rule Act 1909 • Constitution of 1908 mandated that the legislature pass such a law • Legislature shall provide for by general law the incorporation of cities and villages • Law shall limit their taxation, borrowing and contracting debts powers.

22. Home Rule Act 1909 • General Law shall further provide that electors of each city and village may frame, adopt, and amend its charter, and amend its existing charter granted by the legislature • Empowered cities and villages to pass laws and ordinances relating to its municipal concerns subject to the constitution and general laws of the state.

23. Township Government • General Law Townships 1,118 • Charter Townships 124

24. Reform and Consolidation: A Macro View

25. TABLE 2: Enrollment Size in Michigan Educational Units

27. KEY FINDINGS: SCHOOL REORGANIZATION • Cost savings • Moving from less than 500 students to 2,000 to 4,000 students shows cost savings • Student Achievement • Achievement falters with elementary schools over 300 to 500 students and high schools over 1,000 students • Transportation cost is an issue; urban schools have not been widely studied

28. History of Reform • Administrative Progressives • Early 20th century • Believed that science could improve education • Reforms • Business efficiency in government • Small elite school board (no wards) • Superintendent/Principals as professional experts • “Taking the school, out of politics” • “Bigger schools were better”

29. Consider Some Statistics…. • 130,000 school districts in 1931 to 16,000 in 1987 • Progressive achieved their goal of fewer, larger districts • Many fewer school trustees • One room schools • 150,000 in 1930’s to under 1,000 in 1990 • Principals • 25% of schools in 1946 and an average of one per school in 1990

30. For more information: • Contact the MSU Extension State and Local Government Program • www.msue.msu.edu/slg • Program office: 517-353-9460 • Dr. Eric Scorsone (scorsone@msu.edu)