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Bill would remove overlapping 'general supervision' language from superintendent statute
Summary
Representative David Beatty told the House Education Committee that House Bill 138 would resolve a constitutional conflict by removing a statutory reference to "general supervision of the public schools" from the superintendent of public instruction's duties and leaving that authority with the Board of Public Education.
Representative David Beatty, sponsor of House Bill 138, told the Montana House Education Committee that the bill would remove statutory language creating an apparent conflict between duties assigned in the state constitution and duties listed by law for the superintendent of public instruction.
"The board of public education is tasked with the duty to exercise general supervision over the public school system," Beatty said, citing Article X, Section 9 of the Montana Constitution, and contrasted that constitutional duty with duties currently placed in statute at MCA 20-3-106. He told the committee the overlapping phrasing has produced disputes among the superintendent's office and the Board of Public Education.
The nut graf: HB 138 would take the phrase "general supervision of the public schools" out of the list of duties in statute for the superintendent, the sponsor said, so that general supervision would remain exclusively a constitutional duty of the Board of Public Education. Supporters argued that change would reduce recurring conflicts about the two offices' relative authority.
Lance Melton of the Montana School Boards Association, speaking for the Coalition of Advocates for Montana's Public Schools, said the organization supports the bill and the technical amendment the sponsor circulated. "We support House Bill 138," Melton said, and urged the committee to preserve the board's constitutional authority while clarifying where the superintendent's statutory duties end.
Former legislator and long-time education observer Bob Story told the committee HB 138 was "a step in the right direction" and traced the issue to historical shifts in statutory duties assigned to the superintendent. Story urged lawmakers to avoid assigning duties by statute that belong constitutionally to the board.
Beatty told the committee he drafted a technical amendment after meeting with the lieutenant governor, representatives of the Board of Public Education and the superintendent's office; he described the changes as rewording and reordering statutory items without changing the bill's substance. Committee members asked whether the superintendent and the board supported the amendment; Beatty said the amendment had been drafted in consultation with both.
There was no formal vote on HB 138 during the hearing. Committee members asked clarifying questions about who serves on the Board of Public Education and about the practical effects of transferring duties. The sponsor said the bill aims to preserve constitutional roles while allowing the Office of Public Instruction to retain detailed statutory assignments that support the board's general supervision.
The hearing record shows proponents testifying in person and on Zoom but no opponents or informational witnesses offered formal opposition during the HB 138 portion of the meeting. The committee closed the HB 138 hearing and proceeded to other agenda items.
