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THE ISSUE: A state Senate committee today will hear Senate File 106, which would set up a panel to look at a recent court ruling on the "Hill bill."WE BELIEVE: Lawmakers won't find a statutory way to limit the duties of the head of the state's schools. A constitutional amendment is needed.TELL US WHAT YOU THINK: Contact us via email at .It is unclear what the Legislature or at least its leadership hopes to get done with its proposed special session on the so-called Hill bill. That is the nickname for Senate File 104, passed last session and recently struck down by the state Supreme Court. It stripped key duties, mainly in the area of education accountability, from State Superintendent of Public Instruction Cindy Hill. It then gave them to an appointed director at the state Department of Education.Wyoming s highest court ruled on Jan. 28 that SF 104 went too far, crossing into Ms. Hill s constitutionally assigned role. That includes general supervision of the public schools. Lawmakers had relied on a separate section of the Constitution. It says the superintendent s duties and powers shall be prescribed by law. But the court ruled legislators were out of bounds with SF 104.Now comes Senate File 106. It earned introduction into the budget session last week after first falling short of the two-thirds votes required. The bill would create a committee to study the superintendent s duties in light of the High Court s ruling. It then would make recommendations to the Legislature in a special session later this year.Problem is, lawmakers have little wiggle room. Leadership s desire clearly is to maintain the director as a way to exercise accountability. Ms. Hill is an advocate of hyper-local control, and it was her refusal to help lawmakers take greater control of the schools that spurred SF 104.Yet the High Court made it clear that legislative objective will take not a statutory, but a constitutional, change.As the justices said in their decision: The Legislature has attempted to accomplish through legislation what it may only do through the constitutional amendment process. While we wish it were possible we believe Ms. Hill s politics are toxic to efforts to reform the state s schools it does not seem lawmakers can find a way to keep an appointed director. If Ms. Hill cannot exercise control over the state department, the court seems to be saying, she cannot have general supervision. The Legislature will not be able to get past that.The only solution is a constitutional amendment to make Ms. Hill s job appointed rather than elected. That could have been proposed in this session rather than doing SF 106. Only an amendment can break the logjam that comes when the superintendent and the Legislature disagree on policy for the schools. There could be similar infighting after this year s elections if a hyper-local clone of Ms. Hill is put in office.SF 106 is set to come before the Senate Education Committee at noon today in Room S-5. We urge legislators to kill this bill which looks more like an act of desperation than anything else or alter it to focus on an amendment.True, fixing the Constitution, which would require a vote of the people in November, could not have any effect on Ms. Hill s possible return to the state department before year s end. But spending another 20,000 for committee meetings and then thousands more on a special session will yield nothing either.Amend the Constitution and deal with the short-term fallout from the High Court s ruling. Everything else is just wasted money and energy. cheap oakleys Gen. (later President) Dwight Eisenhower, Judge (later Justice) Thurgood Marshall, Chief Justice Earl Warren and Federal Reserve Chairman Alan Greenspan were all recess appointments. p fake uggs
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