The Wisconsin Institute for Law and Liberty (WILL) won a case on Tuesday, that clarifies the constitutional powers of the State Superintendent of Public Instruction.
WCRIS Executive Director Sharon Schmeling says this will have a major impact on how the Department of Public Instruction (DPI) oversees state programs, such as the Parental Choice Programs.
The Supreme Court ruled that the superintendent does not have the constitutional power to create laws and that the governor and legislature can have greater oversight on the superintendent’s ability to make administrative rules.
WILL Education Director Libby Sobic says the decision could allow for future reforms and more oversight of the DPI, which is traditionally averse to education reform. The stronger case law makes way for better implementation of federal laws, like the Every Student Succeeds Act, when the political winds change.
“Given that the DPI has generally been a captive of the educational establishment and hostile towards school choice, this decision is a huge victory for Wisconsin’s kids. It is also a huge win for democratic government, the separation of powers, and public accountability,” said WILL President and General Counsel Rick Esenberg.
Read more:
Wisconsin Supreme Court: State superintendent must seek approval before setting education policy – Milwaukee Journal Sentinel, June 25,2019.
Wisconsin Supreme Court decision in Koschkee v. Taylor, June 25, 2019.
