Today we sent a letter to the Department of Public Instruction, raising significant legal concerns with DPI’s recent Statement of Scopes (rulemaking process). In the letter, we explain:
- DPI has not complied with the REINS Act with respect to the Scope Statements.
- Two of the Scope Statements propose rules pertaining to the federal law, Every Student Succeeds Act (ESSA), but the legislature has not granted authority to DPI to promulgate rules relating to ESSA’s state plan. DPI does not cite to any explicit legal authority and incorrectly references a recent state supreme court case.
- DPI wants the ESSA Scope Statements to be emergency rules but this is without merit. By doing so, DPI wants to promulgate rules with no public input and legislative oversight.
If the DPI fails to follow the law in promulgating these regulations, it invites a legal challenge which could result in striking down any rules promulgated under the Statements of Scope in issue.