PROPOSAL 00-1:

A PROPOSAL TO AMEND THE CONSTITUTION TO PERMIT STATE TO PROVIDE INDIRECT SUPPORT TO STUDENTS ATTENDING NONPUBLIC PRE-ELEMENTARY, ELEMENTARY AND SECONDARY SCHOOLS; ALLOW THE USE OF TUITION VOUCHERS IN CERTAIN SCHOOL DISTRICTS; AND REQUIRE ENACTMENT OF TEACHER TESTING LAWS.

The proposed constitutional amendment would:

  1. Eliminate ban on indirect support of students attending nonpublic schools through tuition vouchers, credits, tax benefits, exemptions or deductions, subsidies, grants or loans of public monies or property.
  2. Allow students to use tuition vouchers to attend nonpublic schools in districts with a graduation rate under 2/3 in 1998-1999 and districts approving tuition vouchers through school board action or a public vote.
    Each voucher would be limited to 1/2 of state average per-pupil public school revenue.
  3. Require teacher testing on academic subjects in public schools and in nonpublic schools redeeming tuition vouchers.
  4. Adjust minimum per-pupil funding from 1994-1995 to 2000-2001 level.

Should this proposal be adopted?
-- -- Yes
-- -- No

Source: Michigan Department of State, Board of State Canvassers.

A Point By Point Commentary On The Language Of The Petition. Language Deleted By The Proposal Is Shown In Red.

Note: All paragraphs in boxes highlight key points from paragraphs that precede them.

AMENDMENT TO THE CONSTITUTION

 A PROPOSED AMENDMENT TO THE MICHIGAN CONSTITUTION TO PROVIDE FOR GUARANTEED SCHOOL FUNDING, TEACHER TESTING, AND SCHOOL CHOICE. THE AMENDMENT WOULD ALTER ARTICLE VIII, SECTION 2 AND CREATE A NEW ARTICLE VIII, SECTION 10.
 
THE TITLE The word, "voucher" does not appear in the title of the petition. Instead, the title refers to guaranteed funding, teacher testing and school choice.

Article VIII: Sec. 2. The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin.

No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. The legislature may provide for the transportation of students to and from any school.

 No public monies or properties shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. No payment, credit, tax benefit, exemption or deductions, tuition voucher, subsidy, grant or loan of public monies or property shall be provided, directly or indirectly, to support the attendance of any student or the employment of any person at any such nonpublic school or at any location or institution where instruction is offered in whole or in part to such nonpublic school students. The legislature may provide for the transportation of students to and from any school.

 
TUITION TAX CREDITS The proposal would remove from the Constitution the language that prohibits "indirect" aid to private and religious schools as well as the language that prohibits tuition tax credits and tuition vouchers for private and religious schools.

These changes would allow the legislature to grant income or property tax credits to parents who send their kids to private or religious schools, and single business tax credits to businesses that provide tuition scholarships.

If the legislature chooses to grant tax credits for private and religious school tuition, the resulting loss in income tax, property tax, and business tax revenue would have a serious negative impact on the School Aid Fund and state revenue.

Subject to the provisions of section 4 of article 1, the legislature shall provide for regular testing of the knowledge in academic subjects of teachers in public schools and in nonpublic schools which redeem tuition vouchers under this section.

 
TEACHER TESTING This language allows for testing of all public school teachers, not only new teachers. The legislature is charged with implementing these tests. The specifics of the test are not known.

Subject to the provisions of section 10, under procedures established by law, qualified school districts and any other approving school district shall participate in an educational choice program to permit any pupil resident in the district to receive a voucher for actual elementary and secondary school tuition to attend a nonpublic elementary or secondary school.

Beginning in the 2001-2002 state fiscal year, the state shall guarantee that the total state and local per pupil revenue for school operating purposes for each local school district, as adjusted for consolidations, annexations, and boundary changes, shall not be less than in the 2000-2001 state fiscal year; provided the school district does not levy a millage rate for school district operating purposes less than it levied in 2000.

 
THE FUNDING "GUARANTEE" The amendment prohibits per pupil funding from dropping below the 2000-01 level. The legislature would be free to freeze the foundation allowance at the 2000-01 level forever.

Sec. 10. The provisions of this section shall apply to section 2 of this article.

The tuition voucher established in section 2 shall be limited to the lesser of one-half the average per-pupil state and local revenue for operating purposes in public schools in the preceding fiscal year or the actual tuition paid per pupil at a nonpublic elementary or secondary school. The tuition voucher may be supplemented for pupils who require special education services.

The state treasurer shall, before the end of each calendar year, certify the average per-pupil state and local revenue for operating purposes in public schools for the fiscal year concluding in that calendar year.

 
THE VOUCHER AMOUNT One-half the average state and local per pupil revenue for operating purposes is approximately $3,511 in the 1999-00 school year. The voucher could be higher for pupils who require special education services.

A qualified school district is a district that had a four-year graduation rate of less than two-thirds as reported by the department of education for the 1998-1999 school year, as certified by the superintendent of public instruction.

 
PERMANENT FAILURE Districts with low graduation rates (a four-year graduation rate of less than 66 percent) would automatically qualify for vouchers. There is no provision that allows these districts to improve and be removed from the list of voucher districts.

A school district may approve the educational choice program by a vote of the elected school board or of the electors in the school district, who shall have the right of initiative. To invoke the initiative, petitions signed by a number of registered electors, not less than ten percent of the total number of electors casting ballots for school board at the last preceding election at which members of the school board were elected, shall be required.

 
ALTERNATIVE QUALIFICATION FOR VOUCHERS The amendment would require that vouchers be offered where school boards pass a resolution to allow vouchers AND in districts that elect to allow vouchers. The number of signatures required to force a voucher vote is 10% of the number of votes cast in the immediately preceding school board election. In districts with low turnout, very few signatures would be needed to force a vote on vouchers.

The legislature shall provide by law for the implementation of this section.

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