State's role in NIC oversight questioned

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Turmoil in the community and at North Idaho College has brought the college to the attention of the State Board of Education, and a local board member said there's a need for clarity in the role of the SBOE.

Shawn Keough of Sandpoint said the conversation at the SBOE meeting on Wednesday focused on bringing board members up to date on the current state at NIC, but also included a discussion on clarity of the Idaho Constitution and what exactly that means when the state board is put in charge, in general terms, of education in Idaho.

“The state board has that constitutional responsibility for the public education system in Idaho and so I think it's important for us collectively to understand what exactly that means or to better define what exactly that means,” Keough said in a phone call with The Hagadone News Network. “The language in the Constitution says the state board has a role to play, but I am unclear 100% exactly what that means.”

Keough said even though the Constitution calls for the SBOE to have general oversight and authority of public education, there's really nothing in the statutes that clarifies the constitutional authority of the SBOE as it relates to community colleges.

“In an instance of turmoil like this, where citizens have been calling the State Board Office and requesting us to step in, we are concerned about it,” said Keough, a longtime former state legislator. “We really don't have a mechanism that says that puts us at the table with the board of trustees there at the community college.”

With the loss of leadership at NIC and concern over a visit from the college’s accreditation organization, Keough said it seems like the situation has provided an opportunity to take a look at the statutes around community colleges and provide some framework for worst-case scenarios.

"The possibility of loss of accreditation that has come to light recently is a significant concern for NIC students, the community and the state," Sen. Jim Woodward of Sagle said in an email to The Hagadone News Network. "I do intend to help clarify the SBOE role for the purpose of protecting the life opportunities NIC provides to all the folks I represent."

Woodward said it's the role of the Legislature to define constitutional requirements through law. He said the legislative process allows them to take thoughts from all over the state and arrive at an answer that best suits the majority of people.

"With approximately 30% of NIC funding coming from the state general fund, all Idaho residents have an interest in the academic and financial success of the college," Woodward said. "The state constitution establishes that interest by placing responsibility for all public institutions with the State Board of Education."

Woodward said decisions made closest to home are typically the best decisions, and in this case three parties contributing financially to the college are students, county property taxpayers and Idaho state government.

Keough said it’s important to understand that the statutes haven’t been looked at since the ‘60s and could probably use some updating. She said the main focus of the statutes when written was on setting up the community college; there aren't direct statutes on other areas such as trustee elections.

On Wednesday, NIC trustees unanimously voted to authorize the college attorney to engage with the Idaho Attorney General to investigate whether two trustees are qualified to continue in their positions based on residency requirements.

Keough said that while community members have suggested the SBOE to appoint a new trustee if a vacancy were to open, or for the University of Idaho to step in and take over the school if everything goes wrong, there’s really nothing in the statutes that specifically allows for either of those options.

While Keough said she respects local control, if there's a catastrophe — worst-case scenario, loss of accreditation — then there's a need to define who is responsible, what happens next and what the SBOE’s role is, if any.

“There is concern across the state about what’s happening and the potential impact for students,” Keough said. “There’s just concern all the way around, regardless of where you are on the issue."