New Lifetime Teaching Licenses Proving Problematic
By Wisconsin School Administrators Alliance staff | November 29, 2017
Check out the Wisconsin Public Radio coverage of the technical problems with the new lifetime teaching licenses.
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Evers Seeks to Use DPI Attorney in Lawsuit
By Wisconsin School Administrators Alliance staff | November 29, 2017
From WisPolitics.com …
State Superintendent Tony Evers today sought to dump the Wisconsin Department of Justice as his attorney in a lawsuit seeking to force him to comply with a new law that gives the Legislature and guv overview of the administrative rules his agency writes.
Evers declared at a news conference AG Brad Schimel was “fired.”
But DOJ said it will continue to represent the Department of Public Instruction despite the disagreements between the two agencies over the core questions in a lawsuit filed by the conservative Wisconsin Institute for Law & Liberty seeking to require Evers to comply with the “REINS” Act.
Evers’ backers raised the prospect today the state Supreme Court may have to first decide who will represent DPI before moving forward with the petition to take up the lawsuit directly.
“Whether Superintendent Evers likes it or not, the State of Wisconsin is the actual defendant in this lawsuit, and his personal opinions as to the what the law is or should be will have no bearing on the Attorney General’s power or ethical duty to represent the State,” said state DOJ spokesman Johnny Koremenos.
It is the latest twist in an burgeoning battle over who should represent DPI in the lawsuit after the agency sought its own representation, but was rebuffed by DOJ and Gov. Scott Walker.
WILL has asked the state Supreme Court to rule whether the 2017 REINS Act covers DPI, which has declined to abide by the requirements. The agency has cited a 2016 state Supreme Court decision on a different law governing the administrative rules process that DPI could not be required to submit proposals to the guv because the superintendent is a separate, constitutionally elected office.
WILL has indicated it plans to ask the court to reconsider that earlier ruling, contending it was a fractured majority.
Evers today accused DOJ of having a conflict of interest in the case, citing rules that attorneys advocate for their clients and abide by their decisions regarding the objectives of representation. He said DOJ argued in last year’s case the superintendent should be covered by the earlier administrative rules process. The agency can’t now ethically represent DPI as it takes the opposing view.
Evers said he hopes to have his agency’s counsel Ryan Nilsestuen represent him in the case. Schimel and Walker last week denied that request, though Nilsestuen has filed a notice of appearance before the state Supreme Court.
“I will never stop fighting for our kids and the state superintendent’s position, and I refuse to be intimidated by Scott Walker’s efforts to silence me,” Evers said.
The 2016 Supreme Court decision stemmed from a 2011 lawsuit filed by Madison Teachers Inc., the Wisconsin Education Association Council and others against Walker, Evers and the DOA secretary. Evers was represented by Nilsestuen in that case and asked the court to block the law. DOJ represented the Walker administration and argued unsuccessfully the law should apply to DPI.
Susan Crawford, who was part of the legal team that sued over the 2011 law, argued it is unethical for DOJ to try representing DPI after it previously opposed Evers’ position.
“If he is not willing to advocate for the superintendent’s position in this case, he needs to step aside and allow a lawyer to represent the superintendent in that case who is willing to vigorously advocate for the superintendent’s position,” she said.
Koremonos said it is not unusual for a client agency to disagree with DOJ’s position and that is not a conflict of interest. Instead, the AG has the power to represent any state official or department upon the guv’s request.
Listen to Evers news conference here.
See the letter DPI sent DOJ today here.
See Wisconsin Public Radio coverage here.
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School Leaders Say K-12 Budget Doesn’t Do Enough for Rural Schools
By Wisconsin School Administrators Alliance staff | November 16, 2017
Check out this article from Wisconsin Public Radio in response to Speaker Vos’ comments last week that the Assembly would not take up legislation to increase school sparsity aid. The article includes great quotes from Superintendents Doug Olsen (Kickapoo) and Ryan Alderson (Cashton).
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LFB Publishes 2017-18 General School Aids
By Wisconsin School Administrators Alliance staff | November 15, 2017
From The Wheeler Report . . .
The Legislative Fiscal Bureau has released the 2017-18 General School Aids Amounts for All School Districts. According to the memo in 2017-18, $4.584 billion from the general fund is appropriated for general school aids. Of that total amount, $4.515 billion is in equalized aid, $54.0 million in integration aid, and $14.9 million in special adjustment aid.
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Vos: Sparsity Aid Proposal Won’t Clear Assembly
By Wisconsin School Administrators Alliance staff | November 13, 2017
From WisPolitics.com . . .
While Senate Majority Leader Fitzgerald and Assembly Speaker Vos tell WisPolitics some high-profile bills are a work in progress, Vos declared the guv’s sparsity aid package will not clear his house this session.
Assembly Republicans put a package in the budget to boost low-spending school districts by allowing them to collect more in property taxes. But Walker vetoed the plan due to his concerns over the impact on property tax bills.
Instead, Walker called on lawmakers to pump more state money into sparsity aid, which help small, rural schools. A plan authored by state Sen. Howard Marklein, R-Spring Green, and Rep. Jeffrey Mursau, R-Crivitz, mirroring the sparsity aid package Walker included in his budget carries a price tag of $9.7 million.
Vos said the budget makes a “historic” investment in public schools and pointed out Assembly Republicans had a different approach to helping rural districts than the guv.
“We’re not going to go back and re-argue all of the battles we had in 2017 in the spring of ’18,” Vos said. “For the most part, that issue is put to bed and we’ll have the opportunity to come back in the next budget and discuss sparsity aid and low-spending school districts.”
Fitzgerald said he hasn’t discussed the bill with his caucus.
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