June 21, 2005, Introduced by Reps. Hoogendyk, Gosselin, Stahl, Drolet, Garfield, Newell, Stakoe, Hildenbrand, Marleau and Mortimer and referred to the Committee on Appropriations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 53 of article IV and
adding section 10 to article VIII, to expand the audit authority of
the auditor general to include school districts and to require
school districts to expend at least 65% of their general operating
budgets on instruction.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to expand the audit authority of the auditor
general to include school districts and to require school districts
to expend at least 65% of their general operating budgets on
instruction, is proposed, agreed to, and submitted to the people of
the state:
ARTICLE IV
Sec. 53. The legislature by a majority vote of the members
elected to and serving in each house, shall appoint an auditor
general, who shall be a certified public accountant licensed to
practice
in this state, to serve for a term of eight years. He
The auditor general shall be ineligible for appointment or election
to any other public office in this state from which compensation is
derived while serving as auditor general and for two years
following
the termination of his or her service.
He The auditor
general may be removed for cause at any time by a two-thirds vote
of the members elected to and serving in each house. The auditor
general shall conduct post audits of financial transactions and
accounts
of the state, and of all branches, departments, offices,
boards, commissions, agencies, authorities, and institutions of the
state established by this constitution or by law, of local school
districts, and of intermediate school districts, and performance
post audits thereof.
The auditor general upon direction by the legislature may
employ independent accounting firms or legal counsel and may make
investigations
pertinent to the conduct of audits.
He The auditor
general shall report annually to the legislature and to the
governor and at such other times as he or she deems necessary or as
required
by the legislature. He The
auditor general shall be
assigned no duties other than those specified in this section.
Nothing in this section shall be construed in any way to
infringe the responsibility and constitutional authority of the
governing boards of the institutions of higher education to be
solely responsible for the control and direction of all
expenditures from the institutions' funds.
The auditor general, his or her deputy, and one other member
of his or her staff shall be exempt from classified civil service.
All other members of his or her staff shall have classified civil
service status.
ARTICLE VIII
Sec. 10. Beginning in the 2007-2008 school fiscal year, the
board of a school district, as defined by law, shall ensure that at
least 65% of the school district's general operating budget for the
school fiscal year is expended for instruction. If a school
district is not in compliance with this 65% requirement, the board
of the school district shall ensure that the percentage of the
school district's general operating budget expended on instruction
is increased by at least two percentage points each school fiscal
year until the school district is in compliance with this 65%
requirement.
To ensure compliance with the requirements of the preceding
paragraph, not later than June 1 of each year, the board of a
school district shall submit its proposed budget to the
superintendent of public instruction, along with documentation
verifying compliance with these requirements. If the board of a
school district determines that the school district cannot comply
with these requirements for a school fiscal year, the board may
request the governor to grant a waiver or partial waiver from these
requirements. To obtain a waiver, the board shall submit to the
superintendent of public instruction a written request for a waiver
or partial waiver from these requirements. A request for waiver
shall be submitted to the superintendent of public instruction not
later than June 1 before the beginning of the school fiscal year
and shall be accompanied by a written action plan detailing the
steps the school district will take toward achieving compliance
with these requirements. The superintendent of public instruction
promptly shall evaluate the request and the action plan and make a
recommendation to the governor. The superintendent of public
instruction may recommend that the governor grant a waiver or
partial waiver under this provision if the superintendent of public
instruction is satisfied from the school district's action plan
that the school district is likely to make satisfactory progress
toward compliance. The governor shall make the final decision
whether to grant or deny the waiver and whether to grant or deny a
partial waiver. The governor shall take action to grant or deny a
waiver within 30 days after receipt of a proper waiver request. A
waiver granted under this provision is valid for one year and may
be renewed upon submission and approval of a new request for
waiver.
The legislature may prescribe penalties for noncompliance with
this section.
As used in this section, "instruction" means an activity
dealing directly with interaction between pupils and teachers or
other classroom and instructional personnel, tutors, books,
computers, general instruction supplies, instructional aides, and
learning support staff such as librarians, and also includes school
activities such as field trips, athletics, arts, and multi-
disciplinary learning.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.