Education Clauses in State Constitutions Across the United States
Transcript Of Education Clauses in State Constitutions Across the United States
Education Clauses in State Constitutions Across the United States∗
Scott Dallman
Anusha Nath
January 8, 2020
Executive Summary
This article documents the variation in strength of education clauses in state constitutions across the United States. The U.S. Constitution is silent on the subject of education, but every state constitution includes language that mandates the establishment of a public education system. Some state constitutions include clauses that only stipulate that the state provide public education, while other states have taken more significant measures to ensure the provision of a high-quality public education system. Florida’s constitutional education clause is currently the strongest in the country – it recognizes education as a fundamental value, requires the state to provide high-quality education, and makes the provision of education a paramount duty of the state.
Minnesota can learn from the experience of other states. Most states have amended the education clause of their state constitutions over time to reflect the changing preferences of their citizens. Between 1990 and 2018, there were 312 proposed amendments on ballots across the country, and 193 passed. These amendments spanned various issues. Policymakers and voters in each state adopted the changes they deemed necessary for their education system. Minnesota has not amended its constitutional education clause since it was first established in 1857.
Constitutional language matters. We use Florida and Louisiana as case studies to illustrate that constitutional amendments can be drivers of change. Institutional changes to the education system that citizens of Florida and Louisiana helped create ultimately led to improved outcomes for their children. Minnesota can do the same. The first step is to amend the 1857 language to better reflect the preferences and needs of citizens in 2020.
∗The views expressed herein are those of the authors and not necessarily those of the Federal Reserve Bank of Minneapolis or the Federal Reserve System. The authors thank Dasom Ham and Ji Sue Song for excellent research assistance.
Contents
1 Language in Constitutional Education Clauses
1
2 Amending Education Clauses in State Constitutions
3
3 Constitutional Amendments As Drivers of Change
6
3.1 Case Study: Florida’s 1998 Amendment
6
3.2 Case Study: Louisiana’s 2003 Amendment
9
4 Education Clause in Minnesota’s Constitution
11
5 Concluding Remarks: Lessons for Minnesota
12
6 Bibliography
13
Federal Reserve Bank of Minneapolis
Dallman and Nath
1 Language in Constitutional Education Clauses
This section outlines the variation in the strength of education clauses in state constitutions across the United States. The U.S. Constitution is silent on the subject of education, but every state constitution includes some language that mandates the establishment of a public education system. There is large across-state variation in strength of the education clauses. Some state constitutions only require that a free, public or a common system of education be established and maintained. Other states are more specific and include language such as "uniform" or "thorough and efficient." These terms form the minimal constitutional mandates to which the legislature must conform in establishing a public school system.
Table 1 documents the specific provisions included in current state constitutions across the United States. We focus on terms used to specify the qualities of the system required. These terms ensure that education provisions go beyond just the establishment and maintenance of a free, public, or common system. For each of the following terms, Table 1 provides a list of states that include such provisions in their education clause: (1) "Uniform" (2) "Thorough"/"Efficient" (3) "Equal Rights" (4) "Paramount"/"Primary" Duty of the state (5) "High-Quality Education," and (6) "All Children."
In addition to defining the rights of citizens (or children), duties of the state, and the characteristics of the system to be provided, the education clauses also include specific provisions. Row 7 lists the states that include constitutional provisions requiring the legislative or executive body to define academic standards. For example, Section 8 in Article VIII of Oregon’s constitution mandates that the Legislative Assembly appropriate sufficient funds to "ensure that the state’s system of public education meets quality goals established by law..." Virginia’s education clause is more explicit in its standards of quality:
Article VIII, Sec. 2. Standards of Quality; State and Local Support of Public Schools. Standards of quality for the several school divisions shall be determined and prescribed from time to time by the Board of Education, subject to revision only by the General Assembly. The General Assembly shall determine the manner in which funds are to be provided for the cost of maintaining an educational program meeting the prescribed standards of quality, and shall provide for the apportionment of the cost of such program between the Commonwealth and the local units of government comprising such school divisions. Each unit of local government shall provide its portion of such cost by local taxes or from other available funds.
An important fact to note from Table 1 is that Florida’s current education clause includes the strongest language in the country. The education clause states that "education of children is a fundamental value of the people" and requires adequate provision to be made by law for a "uniform, efficient, safe, secure and high quality system of free public schools." It is strong because it recognizes children’s right to education and mandates that it is a "paramount duty of the state" to provide for high-quality education.
1
Federal Reserve Bank of Minneapolis
Dallman and Nath
Table 1: Language in Education Clause of Current State Constitutions
Provision 1 Uniform
2 Thorough/Efficient
3 Equal Rights 4 Paramount/Primary Duty 5 High-Quality Education 6 Provisions defined for “All Children”
7 Requires legislative or executive body to define academic standards
8 Includes a specific education policy prescription Class size Charter schools Early childhood education Compulsory attendance
State takeover of failing schools Unbiased textbook choice Teacher training
States
Indiana, North Carolina, Florida, Minnesota, Nevada, Oregon, Wisconsin, Arizona, Colorado, Idaho, New Mexico, North Dakota, South Dakota, Washington, Wyoming
Delaware, Ohio, Pennsylvania, Arkansas, Florida, Illinois, Kentucky, Maryland, Minnesota, New Jersey, Texas, West Virginia, Colorado, Idaho, South Dakota, Wyoming
Florida, Indiana, Illinois, Louisiana, Michigan, Montana, Washington
Florida, Washington
Florida, Illinois, Virginia
Alaska, Florida, New Mexico, New York, North Carolina, North Dakota, Oklahoma, South Carolina, Utah, Virginia, Washington
Oregon, Virginia
Florida
Georgia
Florida, Hawaii, Nebraska, Tennessee
Colorado, Delaware, Idaho, New Mexico, North Carolina, Oklahoma, Virginia
Louisiana
Colorado, Oklahoma, Wyoming
New Mexico
2
Federal Reserve Bank of Minneapolis
Dallman and Nath
2 Amending Education Clauses in State Constitutions
The specific language from current state constitutions described in the previous section may not necessarily be the same as the original language. The language in constitutions evolves over time through the process of constitutional amendments, an option all state constitutions include. There are two main ways to initiate an amendment – through a legislative referral or through a direct initiative by the people.
The legislature-generated amendment process begins with the legislature passing an act proposing a change in the constitution. The proposed amendment must be approved by both chambers of the legislature.1 Some states require a simple majority, while others require a super majority. Once approved, it is put to popular vote on the ballot. The threshold of votes required for passing an amendment varies across states. All states currently allow legislatures to generate amendments.
In the case of a direct initiative or a citizen-initiated amendment, once a sufficient number of signatures have been collected through a petition, the proposal is put to popular vote as a ballot measure. Currently, only 18 states permit citizens to initiate constitutional amendments, including Florida, Illinois, and Massachusetts.
In addition to legislature-generated and citizen-initiated methods, the 1968 Florida constitution was the first in the country to authorize an independent commission to directly submit recommended amendments to the electorate for a vote. By constitutional mandate, an automatic commission called the Constitution Revision Commission (CRC) is established every 20 years.2
Most education clauses have been amended several times over the past century. We collected and verified data from official sources on all recently proposed amendments that reached the ballot. Figure 1 shows the across-states distribution of proposed amendments related to education between 1990 and 2018. A total of 312 amendments were put on state ballots across the country in this time period. The number of amendments proposed varies across states. Colorado, Oregon, and Texas each have more than 20 proposed amendments, while New Jersey and Illinois had only one proposed amendment. Minnesota had none.
Figure 2 plots the frequency of proposed amendments by year for the time period 19902018. As expected, the number of amendments proposed spiked in major election years. The average number of proposed amendments on the ballot is higher in the 1990s compared to the late 2000s and 2010s.
These proposed amendments address various issues ranging from general management of
1Nebraska is unicameral and requires three-fifths legislative approval. 2Florida is currently the only state in the country where a proposed amendment can be put on the ballot based on recommendations of an independent commission.
3
Federal Reserve Bank of Minneapolis
Dallman and Nath
Figure 1: Proposed Educational Amendments on the Ballot by State, 1990-2018
Figure 2: Frequency of Proposals to Amend Education Clause of State Constitutions
Source: Authors’ calculations
the school system to specific prescriptions such as state takeover of failing schools (Louisiana). Table 2 categorizes the ballot measures based on the main issue to be amended. Panel (a) provides the distribution of nonrevenue-based amendments. There were four amendments proposed to declare education as a fundamental right (or of "fundamental value"). Of these, only one passed – Florida’s 1998 amendment. Of the 12 proposed amendments that provide for equal access to education,3 eight were passed.
Panel (b) provides the count of ballot measures introduced and the proportion which were revenue-based amendments. The category with the largest number of amendments proposed is "Creating Dedicated Funds." This category includes creation of education funds using the revenue received by the state from special levies and lottery monies. The second-biggest category is to increase revenue through either raising taxes and debt limits or removing
3These are primarily antidiscriminatory provisions.
4
Federal Reserve Bank of Minneapolis
Dallman and Nath
property tax exemptions. Panel (c) of Table 2 lists other miscellaneous amendments.
Table 2: Proposed Amendments by Category (1990-2018)
Category
Total Proposed Total Passed
[a] Nonrevenue-Related Amendments
Compulsory Attendance Early Childhood Education Education First - Paramount Issue English Language Requirements Equal Access Fundamental Right to Education Improving Quality of Education Parental Rights Reduce Class Size Role of State in Funding School Choice School Oversight and Accountability State Takeover of Failing Schools Teacher Pay for Performance Use of Public Facilities
1
0
5
3
2
2
4
1
12
8
4
1
1
0
2
1
2
2
7
5
8
1
6
4
2
1
3
1
2
2
[b] Revenue-Related Amendments
Expenditure - Limitations or Requirements
6
2
Expenditure - Increase Per-pupil Amounts
2
0
Funding - Creating Dedicated Funds
66
48
Funding - Equitable Allocation of Funds
5
4
Funding - Increase in Revenue
47
27
Funding - Investing Public Funds
13
6
Funding - Tax or Debt Limits
14
10
[c] Other Amendments
Higher Education Other Miscellaneous Provisions Total
64
40
32
24
312
193
Source: Authors’ calculations
5
Federal Reserve Bank of Minneapolis
Dallman and Nath
3 Constitutional Amendments As Drivers of Change
In this section, we illustrate that constitutions provide a framework for policymakers to make changes necessary for providing quality education services. We use Florida’ 1998 amendment and Louisiana’s 2003 amendment as case studies to illustrate that constitutional amendments can be drivers of change.
3.1 Case Study: Florida’s 1998 Amendment
Florida’s constitution stands out not only in the strength of the language of its education clause but also in allowing direct community involvement in amending the state constitution. When the members of the 1998 Constitution Revision Commission (CRC) held public hearings across Florida in their year-long tour, the issue of education was salient. At that time, Florida’s educational achievement levels were among the worst in the country. One of the recommendations of the 1998 CRC was an amendment to the education clause of the constitution. The language added to the then-existing Article IX, Section 1 is underlined in the text below. The CRC’s recommended amendment was put directly on the ballot, and it passed with 71 percent of the votes. It led to Florida’s constitutional education clause becoming the strongest in the country.
Florida’s 1998 Constitutional Amendment ARTICLE IX EDUCATION
SECTION 1. System of Public education. The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.
Following the amendment, a comprehensive set of legislative policies were adopted in June of 1999. To meet the state’s constitutional duty to provide all children the opportunity to obtain a high-quality education, the state of Florida enacted the "School Readiness Act" to prepare at-risk children for school. It established an "Opportunity Scholarship Program," which would allow students from failing schools to attend a public school that is performing satisfactorily or to attend an eligible private school.4 To ensure improvements in quality of teaching across public schools, the state raised standards for certifying professional educators,
4Section 229.0537, Florida Statutes, was added to describe the eligibility, the obligations of school districts, and the funding requirements.
6
Federal Reserve Bank of Minneapolis
Dallman and Nath
established a statewide system for inservice professional development, and increased accountability for postsecondary programs that prepare future educators.5 To ensure continuous and improved learning, the Legislature added requirements for public schools to monitor attendance, to reach out to families whose children display a pattern of nonattendance, and to find appropriate remedies to enforce school attendance.6
In addition to amending Section 1, other sections of the education clause in Florida’s constitution were amended in 1998 to authorize the reorganization of Florida’s education system. The objective was to centralize the structure of governance in order to align responsibility with accountability for academic success and funding efficiency. It required a new state board of education consisting of seven members appointed by the governor (subject to confirmation by the Senate), and it required that the State Board of Education appoint the Commissioner of Education. These changes were codified in 2000 as the Florida Education Governance Reorganization Act of 2000. The Florida Board of Education was granted the authority for education from pre-kindergarten through graduate school education (K-20), and it took over responsibilities from numerous commissions and boards that were eliminated.7
In 2002, the citizens of Florida initiated two more constitutional amendments with the objective of introducing specific prescriptions in the constitution to ensure that the goal of "high-quality" education is met. The first proposal required the legislature to restrict the number of students in a classroom and for the legislature to provide the funds to do so. It passed with 52.4 percent of the votes. The second citizen-initiated proposed amendment in 2002 required the establishment of free voluntary universal pre-kindergarten that would ensure a high quality learning opportunity for every four-year-old child in Florida. It passed with 59.2 percent of the votes.
Education outcomes have improved in Florida since the adoption of constitutional amendments and the resulting legislative policy changes in the early 2000s.8 Panel (a) in Figure 3 plots the Grade 4 reading scores on the National Assessment of Educational Progress (NAEP) in 2003 (x-axis) and 2019 (y-axis). States above the red 45-degree line have improved their test scores from 2003 to 2019, while scores for states below the 45-degree line have declined during the same time period. Florida’s Grade 4 reading scores (circled in red) have improved over time, and its relative ranking has improved from 33rd in 2003 to 6th in 2019. Panel (b) in Figure 3 shows that while there was a significant increase in the level of average Grade 8 math scores, Florida made marginal relative gains – its ranking improved from 39th to 35th.
In addition to improvements in average test scores, Florida made substantial reductions
5See the following sections of the Florida Statutes (1999): Section 231.09, Section 231.145, Section 231.15, Section 231.29(3), Section 236.08106(2), Section 240.529, and Section 231.6135.
6See Section 232.17, Florida Statutes (1999). 7The "Florida K-20 Education Code" was enacted in 2002. See Ch. 2002-387, Florida Laws. 8The changes documented in this section are illustrative and should not be interpreted as causal. Without rigorous empirical analysis, it is not possible to assess the contributions of specific policies in accounting for the observed patterns.
7
Federal Reserve Bank of Minneapolis
Dallman and Nath
Figure 3: Across-states Comparison of Average NAEP Scores
(a)
(b)
in test score gaps across socioeconomic status. Students’ socioeconomic status is proxied by whether they are eligible for free or reduced price lunch (FRPL). Figure 4 shows the ratio of Non-FRPL-FRPL students’ NAEP scores in 2003 (x-axis) and 2019 (y-axis). Florida lies below the 45-degree line for both reading and math, indicating that gaps across socioeconomic status declined over time. Panel (a) plots the gaps in Grade 4 reading scores. Florida had the 30th lowest gaps in 2003 and 6th lowest gaps in 2019. For Grade 8 math NAEP scores (panel (b)), Florida had the 37th lowest gaps in 2003 and 23rd lowest gaps in 2019.
In 2003, Florida had the lowest White-Hispanic gap in the country for both Grade 4 reading scores and Grade 8 math scores, and it remains one of the states with the lowest gaps. While the White-Black gaps in NAEP scores have declined over time in Florida, they remain much higher than the White-Hispanic gap.
Figure 4: Across-states Comparison of Gaps in NAEP Scores Across Socioeconomic Status
(a)
(b)
8
Scott Dallman
Anusha Nath
January 8, 2020
Executive Summary
This article documents the variation in strength of education clauses in state constitutions across the United States. The U.S. Constitution is silent on the subject of education, but every state constitution includes language that mandates the establishment of a public education system. Some state constitutions include clauses that only stipulate that the state provide public education, while other states have taken more significant measures to ensure the provision of a high-quality public education system. Florida’s constitutional education clause is currently the strongest in the country – it recognizes education as a fundamental value, requires the state to provide high-quality education, and makes the provision of education a paramount duty of the state.
Minnesota can learn from the experience of other states. Most states have amended the education clause of their state constitutions over time to reflect the changing preferences of their citizens. Between 1990 and 2018, there were 312 proposed amendments on ballots across the country, and 193 passed. These amendments spanned various issues. Policymakers and voters in each state adopted the changes they deemed necessary for their education system. Minnesota has not amended its constitutional education clause since it was first established in 1857.
Constitutional language matters. We use Florida and Louisiana as case studies to illustrate that constitutional amendments can be drivers of change. Institutional changes to the education system that citizens of Florida and Louisiana helped create ultimately led to improved outcomes for their children. Minnesota can do the same. The first step is to amend the 1857 language to better reflect the preferences and needs of citizens in 2020.
∗The views expressed herein are those of the authors and not necessarily those of the Federal Reserve Bank of Minneapolis or the Federal Reserve System. The authors thank Dasom Ham and Ji Sue Song for excellent research assistance.
Contents
1 Language in Constitutional Education Clauses
1
2 Amending Education Clauses in State Constitutions
3
3 Constitutional Amendments As Drivers of Change
6
3.1 Case Study: Florida’s 1998 Amendment
6
3.2 Case Study: Louisiana’s 2003 Amendment
9
4 Education Clause in Minnesota’s Constitution
11
5 Concluding Remarks: Lessons for Minnesota
12
6 Bibliography
13
Federal Reserve Bank of Minneapolis
Dallman and Nath
1 Language in Constitutional Education Clauses
This section outlines the variation in the strength of education clauses in state constitutions across the United States. The U.S. Constitution is silent on the subject of education, but every state constitution includes some language that mandates the establishment of a public education system. There is large across-state variation in strength of the education clauses. Some state constitutions only require that a free, public or a common system of education be established and maintained. Other states are more specific and include language such as "uniform" or "thorough and efficient." These terms form the minimal constitutional mandates to which the legislature must conform in establishing a public school system.
Table 1 documents the specific provisions included in current state constitutions across the United States. We focus on terms used to specify the qualities of the system required. These terms ensure that education provisions go beyond just the establishment and maintenance of a free, public, or common system. For each of the following terms, Table 1 provides a list of states that include such provisions in their education clause: (1) "Uniform" (2) "Thorough"/"Efficient" (3) "Equal Rights" (4) "Paramount"/"Primary" Duty of the state (5) "High-Quality Education," and (6) "All Children."
In addition to defining the rights of citizens (or children), duties of the state, and the characteristics of the system to be provided, the education clauses also include specific provisions. Row 7 lists the states that include constitutional provisions requiring the legislative or executive body to define academic standards. For example, Section 8 in Article VIII of Oregon’s constitution mandates that the Legislative Assembly appropriate sufficient funds to "ensure that the state’s system of public education meets quality goals established by law..." Virginia’s education clause is more explicit in its standards of quality:
Article VIII, Sec. 2. Standards of Quality; State and Local Support of Public Schools. Standards of quality for the several school divisions shall be determined and prescribed from time to time by the Board of Education, subject to revision only by the General Assembly. The General Assembly shall determine the manner in which funds are to be provided for the cost of maintaining an educational program meeting the prescribed standards of quality, and shall provide for the apportionment of the cost of such program between the Commonwealth and the local units of government comprising such school divisions. Each unit of local government shall provide its portion of such cost by local taxes or from other available funds.
An important fact to note from Table 1 is that Florida’s current education clause includes the strongest language in the country. The education clause states that "education of children is a fundamental value of the people" and requires adequate provision to be made by law for a "uniform, efficient, safe, secure and high quality system of free public schools." It is strong because it recognizes children’s right to education and mandates that it is a "paramount duty of the state" to provide for high-quality education.
1
Federal Reserve Bank of Minneapolis
Dallman and Nath
Table 1: Language in Education Clause of Current State Constitutions
Provision 1 Uniform
2 Thorough/Efficient
3 Equal Rights 4 Paramount/Primary Duty 5 High-Quality Education 6 Provisions defined for “All Children”
7 Requires legislative or executive body to define academic standards
8 Includes a specific education policy prescription Class size Charter schools Early childhood education Compulsory attendance
State takeover of failing schools Unbiased textbook choice Teacher training
States
Indiana, North Carolina, Florida, Minnesota, Nevada, Oregon, Wisconsin, Arizona, Colorado, Idaho, New Mexico, North Dakota, South Dakota, Washington, Wyoming
Delaware, Ohio, Pennsylvania, Arkansas, Florida, Illinois, Kentucky, Maryland, Minnesota, New Jersey, Texas, West Virginia, Colorado, Idaho, South Dakota, Wyoming
Florida, Indiana, Illinois, Louisiana, Michigan, Montana, Washington
Florida, Washington
Florida, Illinois, Virginia
Alaska, Florida, New Mexico, New York, North Carolina, North Dakota, Oklahoma, South Carolina, Utah, Virginia, Washington
Oregon, Virginia
Florida
Georgia
Florida, Hawaii, Nebraska, Tennessee
Colorado, Delaware, Idaho, New Mexico, North Carolina, Oklahoma, Virginia
Louisiana
Colorado, Oklahoma, Wyoming
New Mexico
2
Federal Reserve Bank of Minneapolis
Dallman and Nath
2 Amending Education Clauses in State Constitutions
The specific language from current state constitutions described in the previous section may not necessarily be the same as the original language. The language in constitutions evolves over time through the process of constitutional amendments, an option all state constitutions include. There are two main ways to initiate an amendment – through a legislative referral or through a direct initiative by the people.
The legislature-generated amendment process begins with the legislature passing an act proposing a change in the constitution. The proposed amendment must be approved by both chambers of the legislature.1 Some states require a simple majority, while others require a super majority. Once approved, it is put to popular vote on the ballot. The threshold of votes required for passing an amendment varies across states. All states currently allow legislatures to generate amendments.
In the case of a direct initiative or a citizen-initiated amendment, once a sufficient number of signatures have been collected through a petition, the proposal is put to popular vote as a ballot measure. Currently, only 18 states permit citizens to initiate constitutional amendments, including Florida, Illinois, and Massachusetts.
In addition to legislature-generated and citizen-initiated methods, the 1968 Florida constitution was the first in the country to authorize an independent commission to directly submit recommended amendments to the electorate for a vote. By constitutional mandate, an automatic commission called the Constitution Revision Commission (CRC) is established every 20 years.2
Most education clauses have been amended several times over the past century. We collected and verified data from official sources on all recently proposed amendments that reached the ballot. Figure 1 shows the across-states distribution of proposed amendments related to education between 1990 and 2018. A total of 312 amendments were put on state ballots across the country in this time period. The number of amendments proposed varies across states. Colorado, Oregon, and Texas each have more than 20 proposed amendments, while New Jersey and Illinois had only one proposed amendment. Minnesota had none.
Figure 2 plots the frequency of proposed amendments by year for the time period 19902018. As expected, the number of amendments proposed spiked in major election years. The average number of proposed amendments on the ballot is higher in the 1990s compared to the late 2000s and 2010s.
These proposed amendments address various issues ranging from general management of
1Nebraska is unicameral and requires three-fifths legislative approval. 2Florida is currently the only state in the country where a proposed amendment can be put on the ballot based on recommendations of an independent commission.
3
Federal Reserve Bank of Minneapolis
Dallman and Nath
Figure 1: Proposed Educational Amendments on the Ballot by State, 1990-2018
Figure 2: Frequency of Proposals to Amend Education Clause of State Constitutions
Source: Authors’ calculations
the school system to specific prescriptions such as state takeover of failing schools (Louisiana). Table 2 categorizes the ballot measures based on the main issue to be amended. Panel (a) provides the distribution of nonrevenue-based amendments. There were four amendments proposed to declare education as a fundamental right (or of "fundamental value"). Of these, only one passed – Florida’s 1998 amendment. Of the 12 proposed amendments that provide for equal access to education,3 eight were passed.
Panel (b) provides the count of ballot measures introduced and the proportion which were revenue-based amendments. The category with the largest number of amendments proposed is "Creating Dedicated Funds." This category includes creation of education funds using the revenue received by the state from special levies and lottery monies. The second-biggest category is to increase revenue through either raising taxes and debt limits or removing
3These are primarily antidiscriminatory provisions.
4
Federal Reserve Bank of Minneapolis
Dallman and Nath
property tax exemptions. Panel (c) of Table 2 lists other miscellaneous amendments.
Table 2: Proposed Amendments by Category (1990-2018)
Category
Total Proposed Total Passed
[a] Nonrevenue-Related Amendments
Compulsory Attendance Early Childhood Education Education First - Paramount Issue English Language Requirements Equal Access Fundamental Right to Education Improving Quality of Education Parental Rights Reduce Class Size Role of State in Funding School Choice School Oversight and Accountability State Takeover of Failing Schools Teacher Pay for Performance Use of Public Facilities
1
0
5
3
2
2
4
1
12
8
4
1
1
0
2
1
2
2
7
5
8
1
6
4
2
1
3
1
2
2
[b] Revenue-Related Amendments
Expenditure - Limitations or Requirements
6
2
Expenditure - Increase Per-pupil Amounts
2
0
Funding - Creating Dedicated Funds
66
48
Funding - Equitable Allocation of Funds
5
4
Funding - Increase in Revenue
47
27
Funding - Investing Public Funds
13
6
Funding - Tax or Debt Limits
14
10
[c] Other Amendments
Higher Education Other Miscellaneous Provisions Total
64
40
32
24
312
193
Source: Authors’ calculations
5
Federal Reserve Bank of Minneapolis
Dallman and Nath
3 Constitutional Amendments As Drivers of Change
In this section, we illustrate that constitutions provide a framework for policymakers to make changes necessary for providing quality education services. We use Florida’ 1998 amendment and Louisiana’s 2003 amendment as case studies to illustrate that constitutional amendments can be drivers of change.
3.1 Case Study: Florida’s 1998 Amendment
Florida’s constitution stands out not only in the strength of the language of its education clause but also in allowing direct community involvement in amending the state constitution. When the members of the 1998 Constitution Revision Commission (CRC) held public hearings across Florida in their year-long tour, the issue of education was salient. At that time, Florida’s educational achievement levels were among the worst in the country. One of the recommendations of the 1998 CRC was an amendment to the education clause of the constitution. The language added to the then-existing Article IX, Section 1 is underlined in the text below. The CRC’s recommended amendment was put directly on the ballot, and it passed with 71 percent of the votes. It led to Florida’s constitutional education clause becoming the strongest in the country.
Florida’s 1998 Constitutional Amendment ARTICLE IX EDUCATION
SECTION 1. System of Public education. The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.
Following the amendment, a comprehensive set of legislative policies were adopted in June of 1999. To meet the state’s constitutional duty to provide all children the opportunity to obtain a high-quality education, the state of Florida enacted the "School Readiness Act" to prepare at-risk children for school. It established an "Opportunity Scholarship Program," which would allow students from failing schools to attend a public school that is performing satisfactorily or to attend an eligible private school.4 To ensure improvements in quality of teaching across public schools, the state raised standards for certifying professional educators,
4Section 229.0537, Florida Statutes, was added to describe the eligibility, the obligations of school districts, and the funding requirements.
6
Federal Reserve Bank of Minneapolis
Dallman and Nath
established a statewide system for inservice professional development, and increased accountability for postsecondary programs that prepare future educators.5 To ensure continuous and improved learning, the Legislature added requirements for public schools to monitor attendance, to reach out to families whose children display a pattern of nonattendance, and to find appropriate remedies to enforce school attendance.6
In addition to amending Section 1, other sections of the education clause in Florida’s constitution were amended in 1998 to authorize the reorganization of Florida’s education system. The objective was to centralize the structure of governance in order to align responsibility with accountability for academic success and funding efficiency. It required a new state board of education consisting of seven members appointed by the governor (subject to confirmation by the Senate), and it required that the State Board of Education appoint the Commissioner of Education. These changes were codified in 2000 as the Florida Education Governance Reorganization Act of 2000. The Florida Board of Education was granted the authority for education from pre-kindergarten through graduate school education (K-20), and it took over responsibilities from numerous commissions and boards that were eliminated.7
In 2002, the citizens of Florida initiated two more constitutional amendments with the objective of introducing specific prescriptions in the constitution to ensure that the goal of "high-quality" education is met. The first proposal required the legislature to restrict the number of students in a classroom and for the legislature to provide the funds to do so. It passed with 52.4 percent of the votes. The second citizen-initiated proposed amendment in 2002 required the establishment of free voluntary universal pre-kindergarten that would ensure a high quality learning opportunity for every four-year-old child in Florida. It passed with 59.2 percent of the votes.
Education outcomes have improved in Florida since the adoption of constitutional amendments and the resulting legislative policy changes in the early 2000s.8 Panel (a) in Figure 3 plots the Grade 4 reading scores on the National Assessment of Educational Progress (NAEP) in 2003 (x-axis) and 2019 (y-axis). States above the red 45-degree line have improved their test scores from 2003 to 2019, while scores for states below the 45-degree line have declined during the same time period. Florida’s Grade 4 reading scores (circled in red) have improved over time, and its relative ranking has improved from 33rd in 2003 to 6th in 2019. Panel (b) in Figure 3 shows that while there was a significant increase in the level of average Grade 8 math scores, Florida made marginal relative gains – its ranking improved from 39th to 35th.
In addition to improvements in average test scores, Florida made substantial reductions
5See the following sections of the Florida Statutes (1999): Section 231.09, Section 231.145, Section 231.15, Section 231.29(3), Section 236.08106(2), Section 240.529, and Section 231.6135.
6See Section 232.17, Florida Statutes (1999). 7The "Florida K-20 Education Code" was enacted in 2002. See Ch. 2002-387, Florida Laws. 8The changes documented in this section are illustrative and should not be interpreted as causal. Without rigorous empirical analysis, it is not possible to assess the contributions of specific policies in accounting for the observed patterns.
7
Federal Reserve Bank of Minneapolis
Dallman and Nath
Figure 3: Across-states Comparison of Average NAEP Scores
(a)
(b)
in test score gaps across socioeconomic status. Students’ socioeconomic status is proxied by whether they are eligible for free or reduced price lunch (FRPL). Figure 4 shows the ratio of Non-FRPL-FRPL students’ NAEP scores in 2003 (x-axis) and 2019 (y-axis). Florida lies below the 45-degree line for both reading and math, indicating that gaps across socioeconomic status declined over time. Panel (a) plots the gaps in Grade 4 reading scores. Florida had the 30th lowest gaps in 2003 and 6th lowest gaps in 2019. For Grade 8 math NAEP scores (panel (b)), Florida had the 37th lowest gaps in 2003 and 23rd lowest gaps in 2019.
In 2003, Florida had the lowest White-Hispanic gap in the country for both Grade 4 reading scores and Grade 8 math scores, and it remains one of the states with the lowest gaps. While the White-Black gaps in NAEP scores have declined over time in Florida, they remain much higher than the White-Hispanic gap.
Figure 4: Across-states Comparison of Gaps in NAEP Scores Across Socioeconomic Status
(a)
(b)
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