Ed board spurns legislators

Legislators today will discuss the attorney general's duty to advise the State Board of Education — an argument ignited by the contentious school voucher issue.

But don't expect anyone from the board to show up.

"Although Superintendent (of Public Instruction Patti) Harrington initially may have indicated some availability to attend the Education Interim Committee meeting this coming Wednesday, after due deliberation, I, representing the State Board of Education, respectfully decline to send a representative to that gathering," State Board of Education chairman Kim Burningham wrote in a letter to Education Interim Committee co-chairman Sen. Howard Stephenson, R-Draper.

"It is unclear what role the committee has in relation to what essentially is business to be conducted confidentially, if at all, between the Attorney General and the state board. It is clear, however, that any further politicization of the relationship between the Attorney General and the state board is unwelcome to the board, if not to (Attorney General Mark) Shurtleff, and would be ill-advised in any event."

The letter sent a ripple through legislative leadership Tuesday.

"The State Board of Education cannot refuse to talk to us," said Senate President John L. Valentine, R-Orem, following a meeting Tuesday afternoon of top-level legislative bosses — the Executive Appropriations Committee.

But GOP legislative leaders decided to try to carry a big stick and talk softly to the 15-member, independently elected state school board, Valentine said. That decision came in a private meeting between Senate and House Republican leaders before the Executive Appropriations hearing, causing a public meeting to start 90 minutes late.

"We're not talking about subpoenaing anyone," although the Legislature can do that, "we're talking nicely," said Valentine.

But GOP leaders, who carry the power of the purse, will not stand for Board of Education officials refusing to talk to the legislative branch of government.

The latest round is another incarnation of the thrust and parry over vouchers — an emotional issue that first split the Legislature and then was fought publicly before the Utah Supreme Court 10 days ago.

Basically, the state board refused to obey a legal order by Attorney General Mark Shurtleff to implement a private school voucher program found in HB174, passed by the 2007 Legislature. In the process of that stand-off, Shurtleff "fired" two of the board's attorneys, saying they could no longer act like attorneys to the board and could no longer be considered "special assistant attorneys general."