Senate File 104: Create Director of Department of Education

Wyoming
HOME | LAWS | ORGANIZATIONS | CASES | LEGISLATION
Wyoming

Last Updated: January 29, 2014
Senate File 104: Create Director of Department of Education
Sponsors:
Senator Coe, Senator Anderson, J.D. (SD02), Senator Barnard, Senator Bebout, Senator Landen, Senator Nicholas, P., Senator Ross, Senator Rothfuss, Senator Schiffer, Senator Von Flatern, Representative Brown, Representative Harshman, Representative Lubnau, Representative Madden, Representative Stubson, Representative Teeters, and Representative Throne
Summary:

Senate File 104 strips authority away from the elected state superintendent of public instruction and creates a new un-elected (and unconstitutional) position, a director of public education who would be appointed by the governor. This is an attempt by the Wyoming Legislature to make an end run around the constitution and the people of Wyoming—the bill contravenes the clear intent of the state constitution, Article 4 section 11. Further Article 7, Section 14 of the Wyoming Constitution explicitly calls for the election of a state superintendent of public instruction. If the legislature wishes to change this, it should do so by modifying the Wyoming Constitution rather than by political act. HSLDA believes that protecting the integrity of the constitution is important and that representative government is better served when elected officials are authorized and empowered to carry out their constitutional duties.

HSLDA's Position:
Oppose.
Action Requested:
None at this time
Status:

1/11/2013     (Senate)     Introduced and referred to Senate Education Committee.
1/14/2013     (Senate)     Senate Education Committee Recommended Amend and Do Pass
1/14/2013     (Senate)     Amendment Adopted
1/15/2013     (Senate)     Amendment Adopted
1/15/2013     (Senate)     Amendment Adopted
1/15/2013     (Senate)     Amendment Adopted
1/15/2013     (Senate)     Passed Second Reading
1/16/2013     (Senate)     Amendment Adopted
1/16/2013     (Senate)     Amendment Adopted
1/16/2013     (Senate)     Passed Third Reading
1/18/2013     (House)     Introduced in House and referred to House Appropriations Committee
1/23/2013     (House)     House Appropriations Committee Recommended Do Pass
1/23/2013     (House)     Amendment Adopted
1/23/2013     (House)     Amendment Adopted
1/23/2013     (House)     Passed Committee of the Whole
1/24/2013     (House)     Passed Second Reading
1/25/2013     (Senate)     Amendment Adopted
1/25/2013     (Senate)     Amendment Adopted
1/25/2013     (Senate)     Amendment Adopted
1/25/2013     (Senate)     Amendment Adopted
1/25/2013     (House)     Passed Third Reading
1/25/2013     (Senate)     Senate Concurred
1/29/2013     (Governor)     Governor Signed
1/28/2014     (Supreme Court)     Ruled Unconstitutional by Wyoming Supreme Court

Background:

Article 7, Section 14 of the Wyoming Constitution explicitly calls for the election of a state superintendent of public instruction. If the legislature wishes to change this it should do so by modifying the Wyoming Constitution rather than by political act. HSLDA believes that protecting the integrity of the Constitution is important and that representative government is better served when elected officials are authorized and empowered to carry out their constitutional duties. Furthermore, the current state superintendent is on record explicitly in support of home education and parental rights.

We are asking you to take action to support the Wyoming Constitution. For more information you can read this article from the Billings Gazette.

 Other Resources

Bill Text

Bill History

Supreme Court Decision