In a 4-3 decision released Wednesday, the State Supreme
Court affirmed the powers of the state superintendent and ruled that 2011
Wisconsin Act 21 does not apply to the state superintendent or the Department
of Public Instruction (DPI).
The case dealt with a law passed in 2011 (Act 21) which
required all state agencies to submit any potential administrative rule changes
to the Governor’s office for approval, including the state superintendent, who
is a constitutional officer. Lower courts had previously ruled that Act
21 was a violation of the state constitution as it applied to the state
superintendent, and the Supreme Court’s ruling Wednesday affirmed the previous
opinions.
“Because Act 21 does not provide a way for the
superintendent of public instruction (SPI) and DPI to proceed with rulemaking
if the Governor or Secretary of Administration withholds approval, Act 21 gives
the Governor and the Secretary of Administration the power to ‘manage, direct,
or oversee’ the primary means by which the SPI and DPI are required to carry
out their supervisory duties. Thus, Act 21 unconstitutionally vests the
supervision of public instruction in officers who are not officers of
supervision of public instruction,” wrote Justice Gableman in the Court’s
opinion.
Milwaukee Journal Sentinel: State
Supreme Court upholds education chief's independence.
