Education chief Douglas says bill would remove many of her duties

PHOENIX — State schools chief Diane Douglas is lashing out at what she said is a “repulsive” plan by a Mesa Republican lawmaker she contends will strip her of many of her constitutional duties.

Douglas said Wednesday the proposal by Sen. Jeff Dial would give those duties to the state Board of Education. She said that would be a mistake as the board, most of whose members are appointed by the governor, meets only once a month.

But Douglas, who is enmeshed in two lawsuits with the board, sees a more sinister motive. She suggested this is all about those who want to preserve the Common Core standards that the board approved six years ago that she has tried repeatedly to kill.

More to the point, Douglas, a member of the board, said she campaigned on a platform of repealing Common Core.

“Having successfully faced a primary election, a general election, a pathetic recall effort and an ongoing lawsuit by the state Board of Education, I am stunned that a so-called conservative Republican would try to reverse the will of the people,” Douglas said in a prepared statement.

Dial, for his part, said all he is trying to do is clarify what appear to be conflicts in state law between what are the powers of the board and the superintendent of public instruction.

He said those conflicts have resulted in the two lawsuits.

“It’s going to get us out of where we’re suing each other,” Dial said.

“We want to get the money into the classroom, not into the courts, into the lawyers,” he continued. “So this just clarifies the statutes.”

Among the issues are who controls the board’s staff.

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Douglas tried to fire two board employees last year after she accused them of thwarting her efforts to kill Common Core. That move was effectively reversed by Gov. Doug Ducey, who told state personnel officials to keep them on the payroll.

A lawsuit by Douglas to get a judge to rule that she controlled staffers ended up with the judge concluding it was a political matter in which she would not intervene. That ruling is on appeal.

Dial’s legislation, SB 1416, clearly puts the board in control of hiring, firing and supervising their own workers.

More significant, Dial said his legislation clarifies that it is the board that sets policy — and it is up to the schools chief to implement that policy.

Douglas said he can’t constitutionally do that.

But Dial pointed out the Arizona Constitution says the duties of the superintendent of public instruction are “prescribed by law.”

“Maybe she’s not aware of this, but we make the law here at the Legislature,” he said. Nor does Dial believe that the fact Douglas is elected by the people should give her more powers than a board appointed by the governor.

“If you look at the constitution and the state statutes, (her power) is implementing the education policy here in the state,” he said. Dial said, though, it is the governor and the Legislature that really set state education policy.”

Dial said this has nothing to do with Common Core.

The measure is set for a hearing Thursday, Feb. 4, in the Senate Education Committee.