DPI backs down after law firm alleges illegal power play

Posted at 12:15 p.m. on June 8, 2018

The Brillion News

MILWAUKEE – The state Department of Public Instruction (DPI) has withdrawn a proposed regulation after a legal challenge by the Wisconsin Institute for Law and Liberty (WILL), a public interest law firm that is active in cases with constitutional issues.

WILL called it a victory for the rule of law and separation of powers. WILL characterized the DPI initiative as illegal and threatened a legal challenge.

“Policymaking is the constitutional role of the state legislature,” WILL said in a press release issued last Friday. “To the extent the legislature decides to expressly delegate its policymaking authority to state agencies, those agencies must exercise that authority through the rule-making process in Chapter 227 [of state code].”

WILL said the DPI claimed it could enact a new administrative law without the legislature’s approval.

WILL Associate Counsel Libby Sobic, in testimony, said the DPI did not have the explicit legal authority from the legislature to promulgate the proposed rule – which relates to the identification and collection of data.

This is a short version of the complete story, which will appear in the June 14 print edition of THE BRILLION NEWS