Over the years, the school board’s authority has been challenged. In 1988, the Legislature passed a law that would effectively give the Legislature the ability to review any policies passed by the school board. If the Legislature didn’t review the policy, then it was nullified.
The state Supreme Court struck that law down, ruling it violated the state Constitution, in a case brought by the Board of Education against then-Secretary of State Ken Hechler. [...] The last time the question of letting the Legislature have the final say over school board policy came to a vote, opponents cautioned that it would open the door to allowing politicians to impose their ideological will on how students are taught.
Voters agreed. Twice. [...] The state Supreme Court met Tuesday to hear arguments about legislative authority over Board of Education rulemaking.
While the state constitution gives the school board general supervision, it also says that “the Legislature shall provide, by general law, for a thorough and efficient system of free schools.”