LANSING, Mich. — Concerns over a new education department established through executive order will have to wait to be addressed until that order becomes effective in December.
The Michigan Department of Lifelong Education, Advancement and Potential (MiLEAP) was announced by Governor Gretchen Whitmer in July, but members of the Michigan State Board of Education have concerns about possible overlap in authority.
MiLEAP is designed to prepare children for kindergarten as well as prepare young adults for careers beyond the classroom.
The new department, however, could be in a legal gray area according to the State Board of Education.
Earlier this month, State Superintendent Dr. Michael Rice asked Michigan Attorney General Dana Nessel to provide an opinion on the possible overlap of authority between MiLEAP and the constitutionally mandated authority of the State Board of Education.
On Monday, Nessel responded to the State Superintendent's request for an opinion, but it won't be until later this year that any action will be taken.
In Nessel's response letter to Dr. Rice, Attorney General Nessel states that an opinion is premature:
“At this point, the EO is not yet effective and therefore has not been implemented by MiLEAP. And the Board acknowledges that, at this point, there is only the potential for overlap in the future, and no specific set of facts was provided for review.”
Nessel says that the department needs to be established before it can be determined if there is any overlap in authority between MiLEAP and the State Board of Education.
“[A]fter the EO becomes effective in December and MiLEAP begins to ‘implement its vision,’ there could be actions taken by MiLEAP that the Board contends infringe on its constitutional authority. It is at that point, where a specific set of facts exists, that an opinion may be appropriate. Unless and until such a situation arises, however, issuing any type of opinion on potentially overlapping authority of the Board and MiLEAP is premature," Nessel added in her response.
While the response isn't an opinion on the constitutionality of the new department, the State Superintendent is still happy with the reply, saying he “appreciates the attorney general’s review and initial reflections, as well as the letter’s ramifications.”
“Given the response from the attorney general, I believe that the actions and possible encroachment of the new department will be closely monitored,” said State Board of Education President Dr. Pamela Pugh. “The State Board will not stand by and watch its authority be threatened or stripped away, at the expense of our children’s future.”
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