Well, it took them a couple of tries, but they got it right.
Three years after ruling the Department of Public Instruction doesn’t have to submit proposed administrative rules to the guv for review, the state Supreme Court reversed course today and found the agency is subject to the requirement just like any other agency.
In a 4-2 decision, the court overturned that 2016 ruling. In doing so, the conservative majority found the Wisconsin Constitution gives the state superintendent the power to supervise public instruction.
But the Legislature grants the superintendent and DPI the power to promulgate rules. Therefore, the court ruled, lawmakers can set limits on that power.
“That the SPI also has the executive constitutional function to supervise public instruction does not transform the SPI’s legislatively delegated rulemaking power into a constitutional supervisory function,” Chief Justice Pat Roggensack wrote in the majority opinion that was joined by her fellow three conservatives.