Court rules DPI must get sign-off on rules

The Wisconsin Supreme Court has ruled the Department of Public Instruction is subject to a law that requires agencies to submit proposed rules to the Department of Administration for review before publishing.

The Court’s action, by a 4-2 vote, overrules an earlier decision, when the Court in 2016 found DPI wasn’t subject to a law that included similar provisions. 

The most recent ruling found the superintendent of Public Instruction is granted supervision of education through the Wisconsin Constitution but when the DPI promulgates rules, it is exercising a legislative power granted by the Legislature, not the constitution.