University of Minnesota Constitutional Autonomy. A Legal Analysis.

Research Department, Minnesota House of Representatives, 600 State Office Building, St. Paul, MN 55155.

N

33

Policymakers

Accountability; Constitutional Law; Court Litigation; Educational Administration; Educational Finance; Financial Policy; Government Role; Government School Relationship; Higher Education; Institutional Autonomy; Legal Responsibility; School Role; State Legislation; State Universities; Trustees

This discussion of the special legal status of the University of Minnesota, known as constitutional autonomy, defines this status, states the rationale for the principle, and describes the relevant territorial act and constitutional provision. The main part of the legal analysis examines Minnesota court cases which addressed the issue of the university's autonomy. The discussion is organized around four major principles: (1) the Board of Regents alone is empowered to manage the university, with certain qualifications; (2) judicial relief is available if the Regents abuse the management powers granted by the constitution; (3) the legislature may place conditions on university appropriations, if the conditions do not violate university autonomy; and (4) the university is subject to the state constitution and is not above the legislature's lawmaking power. Two appendices list Minnesota statutes that regulate the university in some way and other states whose universities have a special constitutional status similar to that of the University of Minnesota. (Contains approximately 70 references.) (CK)

1997

ED399857