HOUSE BILL NO. 250
INTRODUCED BY J. BALYEAT
A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE X, SECTION 1, OF THE MONTANA CONSTITUTION TO PROVIDE THAT THE SOLE MEASURE OF EDUCATIONAL OPPORTUNITY IS THE BENEFITS ACHIEVED BY A STUDENT THROUGH EDUCATIONAL PROGRAMS AND PROVIDING FOR REASONABLE FUNDING OF THE SYSTEM BY STATE AND LOCAL SCHOOL DISTRICTS."
WHEREAS, local school boards and local parents and voters are more knowledgeable about their schools' financial needs than officials in the state capital; and
WHEREAS, the Legislature finds that local funding and local control lead to healthier schools and better education for Montanans and for Montana children; and
WHEREAS, local control requires that local school districts have additional flexibility to fund their schools in the manner they consider best; and
WHEREAS, the Legislature finds that arbitrary, centrally imposed mandates and funding formulas are placing Montana schools and school children at risk; and
WHEREAS, local funding requires that school districts be free to set the level of funding for their schools; and
WHEREAS, the Legislature believes that the equalization clause in Article X, section 1, of the Montana Constitution, while well-intentioned, has been interpreted by the courts so as to render school funding decisions inflexible, reduce local control, reduce legislative discretion, and harm Montana's schools and to put at risk the quality of education available to Montanans and Montana children; and
WHEREAS, a central premise of harmful court interpretation--that quality of education rises or falls in tandem with funding levels--has been seriously questioned by the majority of independent studies on the subject; and
WHEREAS, the Legislature, as representatives of the people, should be permitted to set reasonable levels of state aid free from harassment by courts and attorneys; and
WHEREAS, the Legislature believes that the people of Montana should have a right to vote to amend the equalization clause of Article X, section 1, of the Montana Constitution, so as to reduce harmful mandates and thereby improve our schools and the education offered to Montanans and to Montana children.
THEREFORE, the Legislature of the State of Montana finds that it is appropriate to refer the following amendment of Article X, section 1, of the Montana Constitution to the people of Montana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Article X, section 1, of The Constitution of the State of Montana is amended to read:
"Section 1. Educational goals and duties. (1) It is the goal of the people to establish a system of education which will
develop the full educational potential of each person. Equality of educational opportunity is guaranteed to each person of
the state The sole measure of educational opportunity shall be the benefits actually achieved by students as a result of
educational programs rather than the amounts, structure, or nature of the resources employed.
(2) The state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity.
(3) The legislature shall provide a basic system of free quality public elementary and secondary schools. The legislature
may provide such other educational institutions, public libraries, and educational programs as it deems desirable. It shall
fund and distribute in an equitable manner to the school districts the state's share of the cost of the basic elementary and
secondary school system provide for reasonable funding of the system by the state and local school districts."
NEW SECTION. Section 2. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 2002 by printing on the ballot the full title of this act and the following:
[] FOR providing that the sole measure of educational opportunity is the benefits achieved by students through educational programs and requiring reasonable state and local funding.
[] AGAINST providing that the sole measure of educational opportunity is the benefits achieved by students through educational programs and requiring reasonable state and local funding.
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Latest Version of HB 250 (HB0250.01)
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