Scott Walker Loses Education Control Fight in Court

 

A unanimous state appeals court on Thursday deemed unconstitutional a portion of a 2011 law that gave Gov. Scott Walker the ability to halt administrative rules by Schools Superintendent Tony Evers, who is independently elected.

The ruling by the Madison-based District 4 Court of Appeals upholds a 2012 decision by Dane County Circuit Judge Amy Smith.

Walker signed the law in May 2011, which gave his administration a greater say in writing administrative rules, which are used to implement state laws. Administrative rules include more specifics than state statutes and carry the force of law.

Looks like Scott Walker got caught ignoring the State Constitution:

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.

No, Scott Walker, you can't control state education. You've defunded K-12 education by $2 billion and you're stripping $300 million from our previously wonderful State University system. You've made taxpayers fund the private education of rich kids, too.

You have already done more than enough damage.

Since his 2011 inauguration, he's taken complete control of virtually ALL state agencies and has been hard at work on legislation giving him complete control over everything.
The last 3 remaining agencies or departments he doesn't completely control (the DNR with it's soon to be legislatively abolished Citizen Advisory Board oversight, the Secretary of States' Office - run by a Democrat - soon to be stripped of staff and moved to an inaccessible basement by Walker's new budget, and the Government Accountability Board which oversees elections) have now been joined by a 4th, the Department of Public Instruction.

Walker's 2011 law gave him the final say in administrative rules for public schools despite the fact that the Superintendent is independently elected. Not any more.

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