Wednesday, October 31, 2012

Judge overturns law that lets governor block rules by DPI superintendent

Ed Treleven reports in the Wisconsin State Journal on yesterday's ruling in Coyne v. Walker, Dane County Circuit Court case no. 2011CV4573.
"'Administrative rule-making is an important way in which a superintendent exercises his or her constitutional authority over the supervision of public instruction,' [Dane County Circuit Judge Amy] Smith wrote. 'Because [2011 Wisconsin] Act 21 allows the governor to bar the superintendent from proposing rules, or even from beginning the process of rule-making by submitting a scope statement to the Legislature, Act 21 places the governor in a position superior to the superintendent in the supervision of public instruction.'"
See Wisconsin Constitution, Article X, Section 1 [pdf]

(via Althouse)