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State education leader questions legality of MI-LEAP

By James Felton and Emily Brown

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    Michigan (WNEM) — A state education leader has questions about the legality of an executive order, signed by Gov. Gretchen Whitmer last month, that created MI-LEAP.

The President of the State Board of Education, Pamela Pugh, thinks Whitmer’s executive order doesn’t make the grade.

“As most people will know, by Constitution, the State Board of Education, of which I am the president, is charged with oversight of all public education. So questioning whether this is constitutionally sound, legal to do this,” she said.

Pugh wants State Attorney General Dana Nessel to weigh in on the legality of Whitmer’s executive order that created MI-LEAP in July.

The order established the Michigan Department of Lifelong Education, Advancement, and Potential (MI-LEAP). The new department will be tasked with improving outcomes from preschool through post-secondary so anyone can ‘make it in Michigan.’ MI-LEAP will achieve this goal by establishing clear metrics, collaborating with cross-sector leaders at the local, regional, and state level, and developing a shared action plan.

But Pugh doesn’t believe MI-LEAP is necessary or even legal.

“The framers of our Constitution, quite frankly, wrote the Constitution in a way that our education system, public education, is separate from that of the governor’s administration and office,” she said.

A spokesperson from the Governor’s Office released the following statement:

We consulted with our attorneys at the Department of Attorney General. We are confident in our legal authority and look forward to working with everyone who is serious about providing Michigan students with a world class public education.

For her part, Pugh said Whitmer’s executive order changes the dynamics of a partnership between the Michigan Department of Education, State Board of Education, State Legislature, and Governor’s Office, which is rooted in accountability for our children’s futures.

This is about ensuring the longevity and sustainability of an equitable and just public education system will exist well after Whitmer and her successor.

“We will do our checks and balances on that,” Pugh said. “I was elected in 2022 with over two million votes. And the people of Michigan elected me to provide oversight of education, public education in Michigan. So I’m going to do everything that I need to do to make sure that our public education system works best for our children.”

Pugh also said in a statement to TV5:

I would add that the Office of Great Start (OGS), which is responsible for child care, federal Head Start, state Great Start Readiness Program (GSRP), child development, and out-of-school-time programming. The GSRP program, under the Michigan Department of Education, has consistently been ranked tied for first nationally in each of the last few years. We distributed more than a billion dollars of child care funding to providers and families during the pandemic. We’ve increased enrollment in pre-school.

TV5 reached out to Nessel’s office for comment and spokesperson said when the Department of Attorney General receives a formal request for opinion, they will review it and respond accordingly.

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