Here & Now

State Supreme Court Approves Superintendent's Authority

A SURPRISE SPLIT RULING FROM THE WISCONSIN SUPREME COURT THIS WEEK. TWO OF THE FIVE CONSERVATIVE JUSTICES SIDED WITH THE COURT’S TWO LIBERALS IN STRIKING DOWN THE PART OF A 2011 LAW THAT GAVE THE GOVERNOR AUTHORITY OVER THE SUPERINTENDENT OF PUBLIC INSTRUCTION. THE HIGH COURT FOUND THE LAW AS IT APPLIES TO THE SCHOOL SUPERINTENDENT UNCONSTITUTIONAL. THE DECISION IS REGARDED AS A LOSS FOR GOVERNOR SCOTT WALKER. A WIN FOR SUPERINTENDENT TONY EVERS, WHO JOINS US NOW FROM MILWAUKEE. AND THANK YOU VERY MUCH FOR BEING HERE.

TONY EVERS:

THANKS SO MUCH, FREDERICA. IT’S GREAT.

FREDERICA FREYBERG:

SO WHAT IS YOUR REACTION TO THE DECISION OF THE SUPREME COURT UPHOLDING THE POWERS OF THE WISCONSIN SUPERINTENDENT OF SCHOOLS?

TONY EVERS:

WELL, I THINK IT’S NOT NECESSARILY A GREAT WIN FOR ME PERSONALLY. I THINK IT’S A GREAT WIN FOR PUBLIC EDUCATION, THE KIDS AND PARENTS OF THIS STATE AND FRANKLY THE TAXPAYERS. AND MORE OBLIQUELY IT’S A VICTORY FOR THE CONSTITUTION BECAUSE THE CONSTITUTION SAYS VERY CLEARLY THAT SUPERVISION OF PUBLIC INSTRUCTION IS VESTED — AND THAT’S AN IMPORTANT WORD — IN THE STATE SUPERINTENDENT. SO I WAS PLEASED WITH THE RESULT AND I THINK IT’S GOOD TO HAVE THAT PIECE IN PLACE SO THAT WE CAN MOVE FORWARD AND THINK ABOUT OTHER IMPORTANT ISSUES FACING OUR STATE.

FREDERICA FREYBERG:

HAD THE DECISION GONE THE OTHER WAY, WHAT WOULD IT HAVE MEANT FOR THE OFFICE, THE SCHOOLS?

TONY EVERS:

WELL, IT WOULD HAVE DEFINITELY MEANT THAT MY ABILITY TO PROMULGATE AND PUT IN PLACE ADMINISTRATIVE RULES WOULD BE SIGNIFICANTLY DIFFERENT. IT WOULD HAVE HAD TO HAVE GONE THROUGH THE POLITICAL PROCESS OF APPROVAL BY THE GOVERNOR AND THE DEPARTMENT OF ADMINISTRATION. AND IT WOULD HAVE HANDCUFFED US AS IT RELATES TO HELPING US MOVE THESE ADMINISTRATIVE RULES FORWARD. NOW, YOU KNOW, PEOPLE HAVE TO REALIZE THAT THE ADMINISTRATIVE RULE PROCESS AS IT RELATES TO ME IS SUBJECT TO CONSULTATION AND WORK WITH THE LEGISLATURE. SO IT’S NOT LIKE THE POSITION IS CZAR-LIKE IN THIS RESPECT. WE NEED TO WORK WITH LEGISLATORS, OUR ADMINISTRATIVE RULE.

FREDERICA FREYBERG:

WHAT’S AN EXAMPLE OF AN ADMINISTRATIVE RULE THAT SOMEONE VIEWING THIS COULD UNDERSTAND?

TONY EVERS:

WELL, I’LL GIVE YOU A COMPLEX EXAMPLE AND I HOPE PEOPLE UNDERSTAND. THE LEGISLATURE IN RECENT YEARS HAVE PASSED LOTS OF LAWS AS IT RELATES TO VOUCHER SCHOOLS. AND IT’S OUR — EVEN THOUGH WE HAVE OPPOSED SOME OF THESE CHANGES, IT’S OUR ROLE AS STEWARDS IN THE STATE IS TO PROMULGATE ADMINISTRATIVE RULES TO IMPLEMENT THOSE VOUCHER PROGRAMS. AND WE WORK WITH THE LEGISLATURE TO MAKE THAT HAPPEN. THAT’S A SMALL EXAMPLE, BUT A REAL IMPORTANT EXAMPLE. THE ADMINISTRATIVE RULES RELATIVE TO THE CHOICE PROGRAM IS JUST VOLUMES OF ADMINISTRATIVE RULES. BUT MORE CLEARLY OR MORE 30,000 FEET, IT REALLY — IF THE LAW HAD STAYED IN PLACE, IT WOULD HAVE REALLY HANDCUFFED THE STATE SUPERINTENDENT. AND IT WOULD HAVE CREATED OPPORTUNITIES FOR FURTHER DISSOLUTION AND REALLY MESSING WITH THE AUTHORITY OF THE STATE SUPERINTENDENT.

FREDERICA FREYBERG:

NOW, FOR HIS PART, GOVERNOR WALKER SAYS THAT HE IS DEDICATED TO CHALLENGING THE STATUS QUO TO GET THE BEST EDUCATIONAL OUTCOMES. IS THERE ANYTHING TOWARD THOSE OUTCOMES THAT YOU AND THE ADMINISTRATION AGREE ON GOING FORWARD?

TONY EVERS:

WELL, CERTAINLY. WE’VE WORKED TOGETHER ON ALL SORTS OF OPPORTUNITIES FOR CAREER AND TECHNICAL EDUCATION, ACADEMIC AND CAREER PLANS. THE THINGS THAT ARE PART AND PARCEL OF WHAT HE’S TRYING TO ACCOMPLISH WITH JOBS. AND SO WE’VE REACHED ACCOMMODATIONS ON THINGS LIKE THAT AND HAVE BEEN ABLE TO MOVE FORWARD. SO I THINK THIS IS JUST AN IMPORTANT PIECE TO UNDERSTAND. THAT THIS IS AN INDEPENDENT POSITION, INDEPENDENT OF THE GOVERNOR. AND DO I WANT TO WORK WITH HIM ON WAYS TO IMPROVE INSTRUCTION? YES. DO I BELIEVE I AM THE STATUS QUO? NO. AND SO WHEN WE CAN WORK TOGETHER, THAT’S A GREAT THING.

FREDERICA FREYBERG:

JUSTICE GABLEMAN IN WRITING THE DECISION DID SAY THAT LAWMAKERS SHOULD HAVE MORE POWER TO SET EDUCATIONAL POLICY. IS THAT IN YOUR MIND A THREAT TO THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION?

TONY EVERS:

WELL, AS LONG AS THE LEGISLATURE IS WILLING TO AND I AM WILLING TO WORK WITH THEM ON SOME OF THESE ISSUES, YES. I THINK IT’S SOMETHING THAT CAN BENEFIT THE STATE OF WISCONSIN. BUT FRANKLY THE CITIZENS OF THE STATE ELECTED ME TO MAKE SURE THAT WE HAVE A GREAT PUBLIC SCHOOL SYSTEM. AND WHEN I HAVE TO DISAGREE WITH THE LEGISLATURE, I WILL. IT’S NOT LIKE WE NEED TO GO TO WORLD WAR III OVER SOME OF THESE ISSUES. BUT IT’S REALLY IMPORTANT FOR THIS POSITION TO BE ABLE TO ADVOCATE DIRECTLY FOR THE KIDS OF THE STATE.

FREDERICA FREYBERG:

HOW SURPRISED WERE YOU THAT THE COURT ACTUALLY SPLIT WITH THE MAJORITY COMING DOWN ON THE SIDE OF THE SUPERINTENDENT?

TONY EVERS:

WELL, I WAS REALLY HAPPY. I’LL PUT IT THAT WAY. BUT ACTUALLY WHEN I SAW — I WAS THERE FOR THE ORAL ARGUMENT. AND I SENSED FROM THE QUESTIONS OF SOME OF THE JUSTICES THAT THERE WAS A CHANCE THAT WE ACTUALLY MIGHT WIN THIS. AND I’M REALLY GLAD THAT IT TURNED OUT THE WAY IT IS. AS I SAID, IT’S CERTAINLY A VICTORY FOR THE PEOPLE THAT WORK ON IT AND MYSELF INCLUDED. BUT IT’S MORE IMPORTANTLY A VICTORY FOR THIS POSITION AND THE KIDS OF THE STATE.

FREDERICA FREYBERG:

REALLY VERY BRIEFLY WITH JUST ABOUT A HALF A MINUTE LEFT, NOW THAT THIS IS SETTLED, WHAT IS THE DIRECTION OF THE DPI?

TONY EVERS:

DIRECTION OF DPI IS GOING TO REMAIN AS IT HAS BEEN IN THE PAST. WE’RE WORKING ON OUR NEXT BUDGET WE BELIEVE WILL HELP ALL SORTS OF KIDS IN THE MENTAL HEALTH AREA. WE’RE WORKING ON A BUDGET THAT’S GOING TO HOPEFULLY BE MORE ABOUT EQUITY. IN FACT OUR WHOLE BUDGET IS GOING TO BE ABOUT EQUITY. HAVING US BE ABLE TO SET ASIDE THIS ARGUMENT ABOUT THE SOVEREIGNTY OF THIS POSITION AND THE INDEPENDENCE OF THIS POSITION, WE NEED TO FIND MORE EQUITABLE SOLUTIONS IN THE STATE AND THAT’S WHAT WE’RE GOING TO BE WORKING ON.

FREDERICA FREYBERG:

ALL RIGHT. TONY EVERS, THANKS VERY MUCH.

TONY EVERS:

THANKS A LOT, FREDERICA. TAKE CARE.