DPI, SAA Prevail in Coyne v. Walker
By Wisconsin School Administrators Alliance staff | May 18, 2016
You might recaIl that, in a “Friend of the Court” brief filed with the State Supreme Court last October, the School Administrators Alliance (SAA) and the Wisconsin Association of School Boards (WASB) requested that the Court hold 2011 Wisconsin Act 21 unconstitutional and affirm the decision of the Court of Appeals in Coyne v. Walker.
WASB and SAA were joined in this important endeavor by the Wisconsin Retired Educators’ Association (WREA), the Wisconsin Rural Schools Alliance (WiRSA), the Southeast Wisconsin Schools Alliance (SWSA), Disability Rights Wisconsin (DRW), Wisconsin PTA, and Professor Julie Underwood.
Our attorneys are currently analyzing the decision. More information will follow.
From WisPolitics.com …
A split state Supreme Court today nixed giving the guv oversight of DPI administrative rules.
Republicans approved Act 21 to give the guv’s office more input on the administrative rules written by state agencies.
But Justice Michael Gableman, writing for a 4-3 majority, found the law improperly gave the guv and DOA secretary oversight of the state schools superintendent and DPI. Gableman wrote that’s because the superintendent and agency don’t have a process to proceed with rulemaking if the guv and DOA secretary withhold approval.
Gableman noted the Wisconsin Constitution gave the Legislature broad discretion to define the powers and duties of the superintendent and other offices of public instruction. But it also requires the “Legislature to keep the supervision of public instruction in the hands of the officers of supervision of public instruction.” Act 21 improperly gives the guv and in some instances the DOA secretary supervision of public instruction, he said.
“Thus, Act 21 unconstitutionally vests the supervision of public instruction in officers who are not officers of supervision of public instruction,” Gableman wrote.
Justices Shirley Abrahamson, Ann Walsh Bradley and David Prosser concurred with Gableman.
It’s the third court win for those opposed to the law. A Dane County court and a court of appeals reached similar conclusions.
Chief Justice Pat Roggensack dissented, arguing the rules process is a legislative authority granted to the superintendent, not a constitutional one, and the Legislature has the oversight of that process. Justices Rebecca Bradley and Annette Ziegler joined the dissent.
Read the decision here.
Milwaukee Journal Sentinel News Story
Wisconsin State Journal News Story
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2016-17 Parental Choice Options Funding
By Wisconsin School Administrators Alliance staff | May 9, 2016
DPI has created a new document to explain how the existing and newly created parental choice options will be funded in 2016-17. These options include open enrollment, private school vouchers for regular and special education, and independent charter schools.
Access the document directly here.
If you have questions, please contact Bob Soldner at robert.soldner@dpi.wi.gov or 608-266-6968.
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US Warns North Carolina on Transgender Bathroom Law
By Wisconsin School Administrators Alliance staff | May 5, 2016
As reported in the New York Times and other national media outlets, the Justice Department warned the State of North Carolina on Wednesday that its new law limiting bathroom access violated the civil rights of transgender people, a finding that could mean millions of dollars in lost federal funds.
This is an interesting development for us, given that the proponents of similar legislation in Wisconsin have promised to resurrect the bill next legislative session.
See the New York Times story here.
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Legislative Council Study Committees Approved
By Wisconsin School Administrators Alliance staff | May 5, 2016
From The Wheeler Report . . .
The 2016 interim study committees have been approved. Committee chairs and vice-chairs are also assigned.
Study Committee on Access to Civil Legal Services:
Rep. Horlacher Chair, Sen. Stroebel Vice-Chair
Study Committee on the Preservation of Burial Sites:
Rep. Loudenbeck Chair, Rep. R. Brooks Vice-Chair
Study Committee on Publication of Government Documents and Legal Notices:
Rep. Spiros Chair, Sen. Miller Vice-Chair.
Study Committee on Reducing Recidivism and Removing Impediments to Ex-Offender Employment:
Sen. Darling Chair, Rep. Hutton Vice-Chair.
Study Committee on Rural Broadband:
Sen. Marklein Chair, Rep. Quinn Vice-Chair.
Study Committee on School Data:
Rep Thiesfeldt Chair, Sen. LeMahieu Vice-Chair.
Study Committee on Volunteer Firefighter and Emergency Medical Technician Shortages:
Sen. Nass Chair, Rep. Kremer Vice-Chair.
Special Committee on State-Tribal Relations:
Rep. Mursau Chair, Sen. Vinehout Vice-Chair.
Stay tuned…more information to follow on these study committees.
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General School Aids Dropping as Share of State Support
By Wisconsin School Administrators Alliance staff | May 5, 2016
According to a new analysis by the Wisconsin Budget Project, the share of money that the state spends on equalizing educational opportunities for students across the state has dropped significantly over the last decade. In 2006, 82% of the money the state spend on education was aimed at insuring equal academic opportunities for students. That share will fall to 71% next year.
For more information see here.
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