WSR 97-02-061

ATTORNEY GENERAL'S OFFICE

[Filed December 31, 1996, 8:55 a.m.]

notice of request for attorney general's opinion

washington attorney general


The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the Attorney General's Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the Attorney General's Office of your interest by January 22, 1997. This is not the due date by which comments must be received. However, if you do not notify the Attorney General's Office of your interest in commenting on an opinion request by January 22, 1997, the opinion may be issued before your comments have been received. You may notify the Attorney General's Office of your intention to comment by calling (360) 753-4114, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the Attorney General's Opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

The Attorney General's Office seeks public input on the following opinion request(s).

96-12-04 Request by Senator Stephen Johnson and by Representative Bill Brumsickle, Co-Chairs Joint Select Committee on Education Restructuring

1. Under article III, section 22 of the Washington State Constitution:

A. What grant of authority and responsibility is given to the Superintendent of Public Instruction?

B. May the supervisory authority of the Superintendent of Public Instruction be delegated?

C. In light of the responses to A and B above, has the Superintendent of Public Instruction's supervisory authority over the public school system (defined in article IX, section 2) been unconstitutionally delegated by the Legislature or by the Superintendent of Public Instruction to:

(1) the State Board of Education;

(2) the State Board for Community and Technical Colleges;

(3) Educational Service Districts;

(4) the Workforce Training and Education and Coordinating Board;

(5) the Public for [four] year institutions of education offering teacher preparation programs; or,

(6) any other entity including but not limited to the Family Policy Council and the Department of Community, Trade and Economic Development?

2. Under article IX, section 2 of the Washington State Constitution, what is the scope of authority and responsibility of the Superintendent of Public Instruction for common, normal and technical schools as they exist today?

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