supervision of public instruction in Wisconsin

2019It refers to the principle that requires courts to "stand by things decided." State v. Harrell, 199 Wis. 2d 654, 667 , 546 N.W.2d 115 (1996) (Abrahamson, J., concurring); see Black's Law Dictionary 1626 (10th ed. 2014) defining "stare decisis" as "[t]he doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation"). 3Article X, Section 1 of the Wisconsin Constitution provides: The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their quali

2019It refers to the principle that requires courts to "stand by things decided." State v. Harrell, 199 Wis. 2d 654, 667 , 546 N.W.2d 115 (1996) (Abrahamson, J., concurring); see Black's Law Dictionary 1626 (10th ed. 2014) defining "stare decisis" as "[t]he doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation"). 3Article X, Section 1 of the Wisconsin Constitution provides: The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their quali

2016Thompson held that "the legislature may not give equal or superior authority to any 'other officer.'"3 ¶84 Although 2011 Wis. Act 21 does change the role of the superintendent somewhat differently than did 1995 Wis. Act 27, the effect of both laws is the same——both laws give "equal or superior authority" over the supervision of public instruction to officers other than those inferior to the superintendent.4 ¶85 I agree with the court of appeals that, under Thompson, rulemaking is part of the "supervision of public instruction," which Article X, Section 1 vests in the superintendent.5 Likewise,

2016Thompson held that "the legislature may not give equal or superior authority to any 'other officer.'"3 ¶84 Although 2011 Wis. Act 21 does change the role of the superintendent somewhat differently than did 1995 Wis. Act 27, the effect of both laws is the same——both laws give "equal or superior authority" over the supervision of public instruction to officers other than those inferior to the superintendent.4 ¶85 I agree with the court of appeals that, under Thompson, rulemaking is part of the "supervision of public instruction," which Article X, Section 1 vests in the superintendent.5 Likewise,

2016It is the legislature that defines what "supervision of public instruction" is;" [p]ublic instruction and its governance had no long-standing common law history at the time the Wisconsin Constitution was enacted." Fortney, 108 Wis. 2d at 182 .

2016It is the legislature that defines what "supervision of public instruction" is; "[p]ublic instruction and its governance had no 1 This case, which involves the SPI's authority under Article X, section 1 of the Wisconsin Constitution, should therefore be distinguished from cases involving a provision "which incorporates an ancient common law office, possessing defined powers and duties, into the constitution." Fortney v. School Dist. of West Salem, 108 Wis. 2d 167, 182 , 321 N.W.2d 225 (1982).

2016Schilling v. Crime Victims Rights Bd., 2005 WI 17, ¶16 , 278 Wis. 2d 216 , 692 N.W.2d 623 (citing Wis. Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, ¶44 , 270 Wis. 2d 318 , 677 N.W.2d 612 ). 4 No. 2013AP416.pdr ¶182 The constitutional delegations of authority to the Superintendent and the legislature, as first enacted, provided in relevant part: The supervision of public instruction shall be vested in a state superintendent, and such other officers as the legislature shall direct.

2016Schilling v. Crime Victims Rights Bd., 2005 WI 17, ¶16 , 278 Wis. 2d 216 , 692 N.W.2d 623 (citing Wis. Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, ¶44 , 270 Wis. 2d 318 , 677 N.W.2d 612 ). 4 No. 2013AP416.pdr ¶182 The constitutional delegations of authority to the Superintendent and the legislature, as first enacted, provided in relevant part: The supervision of public instruction shall be vested in a state superintendent, and such other officers as the legislature shall direct.

2016We examine the "earliest interpretation of the provision by the legislature as manifested in the earliest law passed following the adoption of the constitution." Polk Cty., 188 Wis. 2d at 674 .

2016Schilling v. Crime Victims Rights Bd., 2005 WI 17, ¶16 , 278 Wis. 2d 216 , 692 N.W.2d 623 (citing Wis. Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, ¶44 , 270 Wis. 2d 318 , 677 N.W.2d 612 ). 4 No. 2013AP416.pdr ¶182 The constitutional delegations of authority to the Superintendent and the legislature, as first enacted, provided in relevant part: The supervision of public instruction shall be vested in a state superintendent, and such other officers as the legislature shall direct.

2016Schilling v. Crime Victims Rights Bd., 2005 WI 17, ¶16 , 278 Wis. 2d 216 , 692 N.W.2d 623 (citing Wis. Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, ¶44 , 270 Wis. 2d 318 , 677 N.W.2d 612 ). 4 No. 2013AP416.pdr ¶182 The constitutional delegations of authority to the Superintendent and the legislature, as first enacted, provided in relevant part: The supervision of public instruction shall be vested in a state superintendent, and such other officers as the legislature shall direct.

2016Thus, we look to the first laws passed vesting the supervision of public instruction in "other officers." The constitution does not define "supervision," so we again look to a dictionary from around the time of the provision's adoption to determine the common, ordinary meaning of the word "supervision" at the time of the adoption of the constitution. 27 See Xcel Energy Servs., Inc., 349 Wis. 2d 234, ¶ 32 .

2016Thus, we look to the first laws passed vesting the supervision of public instruction in "other officers." The constitution does not define "supervision," so we again look to a dictionary from around the time of the provision's adoption to determine the common, ordinary meaning of the word "supervision" at the time of the adoption of the constitution.27 See Xcel Energy Servs., Inc., 349 Wis. 2d 234, ¶32 .

1996Respondents point to another act of the legislature which seems to undercut Petitioner's argument on this issue. 1983 Wis. Act 412 § 3(1), repealing and recreating Wis. Stat. § 118.01 (1) (1983-84), provided in part: "The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools." This sentence of § 118.01(1) remained unchanged until 1995 Wis. Act 27, § 3933, which would amend it to read "The constitution directs the legislature to provide for the establishment of district schools." Peti

1996Respondents point to another act of the legislature which seems to undercut Petitioner's argument on this issue. 1983 Wis. Act 412 § 3(1), repealing and recreating Wis. Stat. § 118.01 (1) (1983-84), provided in part: "The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools." This sentence of § 118.01(1) remained unchanged until 1995 Wis. Act 27, § 3933, which would amend it to read "The constitution directs the legislature to provide for the establishment of district schools." Peti

1968The leading case in Wisconsin establishing criteria to determine whether one is a public officer or a mere employee is the case of Martin v. Smith (1941), 239 Wis. 314 , 1 N. W. 2d 163 .

1968The leading case in Wisconsin establishing criteria to determine whether one is a public officer or a mere employee is the case of Martin v. Smith (1941), 239 Wis. 314 , 1 N. W. 2d 163 .