Parents of students and members of teachers unions sued Walker over the law as it applied to rules put together by the Department of Public Instruction, which is headed by Evers. Walker is a Republican and Evers is aligned with Democrats, though his post is officially nonpartisan.
The state constitution says that “the supervision of public instruction shall be vested in a state superintendent and such other officers as the Legislature shall direct.” In a 1996 case that the appeals court repeatedly cited, the state Supreme Court held that lawmakers and the governor cannot give “equal or superior authority” over public education to any other official.
The Supreme Court’s ruling found that the state constitution prevented then-Gov. Tommy Thompson from transferring powers from the Department of Public Instruction to a new Department of Education overseen by the governor’s administration.
“In sum, the Legislature has the authority to give, to not give, or to take away (the school superintendent’s) supervisory powers, including rule-making power. What the Legislature may not do is give the (superintendent) a supervisory power relating to education and then fail to maintain the (superintendent’s) supremacy with respect to that power,” Appeals Judge Gary Sherman wrote for the court in Thursday’s decision.
Yet, we have no useful method to track academic progress despite the DPI’s decades long WKCE adventure.