MICHIGAN

Constitutional Clause/Language

“The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law.”  Mich. Const. art. 8, s. 2.

Major Court Decision: Milliken v. Green, 212 N.W.2d 711 (Mich. 1973) (concurring opinion)

Result: Financing System Upheld

Summary: The Michigan Supreme Court held that the education clause of its constitution only requires that the state provide for an adequate and free school system; it does not mandate equality of expenditures or prohibit intra-district disparities.

Key Quotes:

“The Constitution does not forbid disparities in wealth. It does not forbid persons residing in one taxing district from taxing themselves at a higher rate than persons residing in other districts are both willing and able to tax themselves. It does not forbid the expenditure of the relatively higher tax revenues produced for local governmental purposes, even purposes that the Legislature has an obligation to ‘maintain and support.’  Disparities in expenditures may, indeed, contribute to disparities in educational programs offered students.  Eliminating disparities in taxable resources would alleviate present disparities in expenditures. But it has not been shown that eliminating disparities in expenditures will significantly improve the quality or quantity of educational services or opportunity offered to Michigan school children.”  Id. at 718.

“... We are of the opinion that the state's obligation to provide a system of public schools is not the same as the claimed obligation to provide equality of educational opportunity. All that can properly be expected of the state is that it maintain and support a system of public schools that furnishes adequate educational services to all children.”  Id. at 720.

“...The Michigan Constitution does not prohibit a school district from levying taxes to support a level of expenditure for the education of students in the district beyond the level of expenditure in other districts. Nor does the Michigan Constitution oblige the Legislature to supplement the revenues the other districts are able and willing to raise to bring the level of their expenditures up to the level of the district taxing and spending the most, or, failing that, to require the higher taxing and spending districts to reduce their tax levies and expenditures to a level the other districts, as supplemented by whatever appropriations the Legislature is willing to provide, can or are willing to maintain.”  Id. at 721.