Is the new Michigan Department of Lifelong Education, Advancement, and Potential legal under the state constitution? Following the governor’s creation of the department, the State Board of Education passed a motion directing State Superintendent Dr. Michael Rice to request an Attorney General Opinion over that question and A.G. Dana Nessel has responded.
- The office was created in July 2023 through an executive order.
- The purpose is to create and implement a vision for life-long education.
- The Board contends that under the Michigan Constitution, they have authority over all public education.
Attorney General Nessel’s response:
- The order isn’t yet effective and hasn’t been implemented.
- Due to that, overlap hasn’t occurred yet, there is only potential for overlap.
- The executive order states its purpose is to complement the Board and work in cooperation with it.
In her letter, A.G. Nessel stated “this letter should not be construed as any type of opinion, as I believe that, on its face, the EO presents no constitutional concern warranting the issuance of an opinion, but I also wanted to personally respond to you and the Board with my reasons for that belief.”