This post originally appeared at https://www.badgerinstitute.org/a-great-deal-of-power-is-at-stake-in-spring-election-for-wisconsin-wide-schools-post/

State superintendent wields power to reveal information useful in improvement

The state schools superintendent elected this spring will have a remarkable amount of power.

Three candidates will be on the Feb. 18 primary ballot: incumbent Jill Underly, backed by the state Democratic Party, challenger Jeff Wright, a school superintendent from Sauk Prairie who’s backed by the political action committee of the state’s most powerful teachers union, and Brittany Kinser, who led independent public charter schools as well as City Forward Collective, a Milwaukee school reform nonprofit. The two with the most votes will progress to the April 1 general election.

The race unfolds alongside the campaign for a Wisconsin Supreme Court seat that will determine the court’s ideological disposition.

But the school superintendent’s race could have great consequences for Wisconsin, too. The winner will have far-reaching powers to advance changes and improvements in education, if she or he chooses to use them.

Defined powers

More than a bureaucrat, the superintendent is defined in Wisconsin’s constitution. Wisconsin is the only state in the country that elects its superintendent but has no state board of education. This results in a constitutional officer who reports to nobody except the voters every four years.

The superintendent heads the Department of Public Instruction, the state’s regulator of schools from kindergarten through high school. While the Legislature sets education policy through state statute, the DPI has the power to write and change the state administrative rules and policies that add many of the granular details of how state statutes affect schools.

The DPI has a communications division, a team of attorneys and a liaison to lawmakers. It controls teachers’ licenses, it distributes grants, it controls the metrics used in the statewide report card, it approves contracts for tests, and it is in charge of school breakfast and lunch programs.

Atop that, state laws grant specific powers to the superintendent. She or he has the power to set administrative rules on alternate ways for teachers to gain a license, and on licenses for charter teachers and principals. The superintendent oversees teacher preparatory programs, distributes federal aid and creates state curriculum standards.

Most importantly, the statutes give the superintendent the ability to withhold aid. It’s there in section 121.006(1)(a): “The state superintendent may withhold state aid from any school district in which the scope and character of the work are not maintained in such manner as to meet the state superintendent’s approval.”

The powers reach even beyond 12^th grade: The superintendent is automatically a member of the University of Wisconsin system’s Board of Regents. That board sets policies and rules for governing the UW system, plans the system’s future growth, sets admission standards and policies, reviews and approves university budgets, and sets the regulatory framework within which individual UW schools operate.  The board appoints the president of the university system and the chancellors of the 13 universities, and it grants tenure to faculty members.

A change agent?

But from the standpoint of structural changes and improving education, the superintendent has still greater powers — those related to information and transparency.

This “bully pulpit” has, for decades, not been utilized by superintendents to shift education policy, other than to call for more resources to go into public schools. With the backing and operational largess of a state agency, improvements in teacher licensure, schools of education and higher quality reading instruction could be put front and center for the people of Wisconsin.

DPI’s bureaucracy has long been opaque. Some important decisions are made behind closed doors and revealed at the last minute, preventing the public, lawmakers and stakeholders from weighing in. Even Governor Tony Evers commented that the process around the recent changes to testing standards caught him by “surprise.”

A change agent at the DPI would likely start by instituting real transparency across the board in a variety of ways.

Standing committee report: She or he could start a monthly report to the Assembly and Senate education committee chairs and ranking members to include all policy changes that the DPI is considering. This could include statutory proposals, administrative rule changes, DPI policy changes, and any written changes in documentation going out to schools.

A prohibition on non-disclosure agreements: During the latest round of internal DPI deliberations on testing standards, the DPI required participants to sign non-disclosure agreements. The stated reason was to protect student-level data and names. While those types of data sets are protected by law, using an NDA goes far beyond protecting that data to limiting what the public can see about the whole process, the vast majority of which does not expose student-level information.

Vertical academic influence report: The superintendent could start a database of where every teacher, aide and administrative staffer went to college and obtained any other higher ed degrees or professional training. Along with tracking students’ academic performance, this lets the public see which schools of education are having the most positive influence on academic outcomes.

Schools of education report: The superintendent could start an annual report that shows the focus and requirements of all the schools of education that can grant a teacher’s license in Wisconsin, letting the public find out how and what the teachers are being taught. In particular, it could highlight which schools are still using the outdated “balanced literacy” model of reading instruction that was prohibited by the Legislature in Act 20.

A complete data portal: A change agent could scrap the current public-facing DPI website, replacing it from scratch. The new site should make it very easy to see districts’ student performance and finance data all through the same interface so parents easily can make comparisons between districts.

Teacher violations report: She or he could start a database of all Wisconsin teachers who have been found in violation of any district protocols and any statutory provisions. Under current practice, teachers often move between districts without a full vetting. The DPI should also prohibit a district from hiding violations, however small, from a teacher or employee who is transferring.

Financial delinquency dashboard: The superintendent could list for the public any district, charter or private school whose financial reports are delinquent, and include a record of which reports were late in the past.

Out-of-state travel dashboard: Any district, charter school or private school official who is traveling out of state using taxpayer dollars should file a report on the purpose, the cost and which personnel are traveling, and those reports should be made easily accessible to the public. Such reports could exempt regular trips by districts on the state’s borders.

Troubled districts

In Wisconsin, the state superintendent has specific powers to intervene in school districts, particularly districts facing significant challenges or failing to meet state standards. However, the powers are somewhat limited compared to other states.

Here’s an overview of the authority:

Identification: The superintendent can identify and monitor low-performing schools and districts based on standardized testing, graduation rates, and other accountability measures. The DPI uses the school report card system to track these metrics.

Intervention: Under the federal Every Student Succeeds Act (ESSA) and state accountability rules, the superintendent can require identified schools and districts to develop and implement improvement plans. The DPI would provide technical assistance, professional development, and funding to help, but these measures are more about guidance and support than direct control or takeovers.

Control of funding: The superintendent has some authority to oversee and direct a district’s federal and state money. For instance, if a district fails to meet improvement benchmarks or fails to use federal funds effectively, the DPI can reallocate funding or set stricter requirements.

Corrective action for special education: If a district doesn’t comply with state or federal special education laws, the DPI can require corrective action. These orders can be quite specific and require districts to provide training or revise policies, among other measures.

Takeover authority in Milwaukee Public Schools: The only specific takeover provision is for Milwaukee Public Schools. Under Wisconsin Act 55 from 2015, the state superintendent has the authority to appoint a commissioner in MPS if the district consistently fails to meet state expectations. This law, known as the Opportunity Schools and Partnership Program, allows for direct intervention in the district, including reassigning schools to an alternative governance structure. However, this mechanism has faced legal and political challenges and has not been fully utilized.

Dissolution: If a school district becomes financially insolvent, the state superintendent can play a role in dissolving it and redistributing its students to neighboring districts. This is a rare move that involves financial oversight and cooperation with the Department of Administration and other stakeholders.

Wisconsin’s superintendent does not have blanket authority to directly take over school districts. Unlike in some states where education departments can seize control of failing districts, Wisconsin law places more emphasis on local control, monitoring, and improvement planning rather than direct state takeovers. Direct takeovers are rare and subject to legislative and administrative constraints.

Jim Bender is an Education Consultant to the Badger Institute and Patrick McIlheran its Director of Policy.

Any use or reproduction of Badger Institute articles or photographs requires prior written permission. To request permission to post articles on a website or print copies for distribution, contact Badger Institute President Mike Nichols at mike@badgerinstitute.org or 262-389-8239.

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