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Judge overturns governor's education powers

Published On: Oct 30 2012 04:14:56 PM CDT
Judge, Court Generic
MADISON, Wis. -

A Dane County judge has ruled statutes that give the governor the power to approve or kill new education policies are unconstitutional.

Republican lawmakers passed a bill in May 2011 that grants the governor the authority to approve or deny state agencies' proposals for new administrative rules.

A pair of teachers unions, the Wisconsin Education Association Council and Madison Teachers Inc., filed a lawsuit a little more than a year ago alleging the law can't apply to the superintendent of public instruction. They argued the law gives another state office more authority over public schools than the superintendent, a violation of the Wisconsin Constitution.

Dane County Circuit Judge Amy Smith sided with the unions Tuesday, ruling the law does indeed violate the constitution.

Gov. Scott Walker's office has promised to appeal.

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