Superintendnet of Public Instruction Diane Douglas has filed a Special Action in the State Court of Appeal asking the Court to vacate the Superior Court’s July 13, 2015 decision. That decision found that the Maricopa County Superior Court lacked “subject matter jurisdiction on the grounds that the complaint presents a political question and/or that it seeks an advisory opinion (a copy of the order is attached). The appeal separately asks that this Court declare the rights and powers of the Superintendent of Public Instruction and the State Board of Education (“Board”) concerning the management of the Board’s employees, including the power to terminate the employment of those employees.”
The case began when Douglas terminated Christine Thompson.
“The Superior Court wrongly ruled that the relief sought by the Superintendent posed a political question and/or asked for an advisory opinion and therefore ordered dismissal of the complaint on jurisdictional grounds. By that action, the court has solved nothing. It has permitted the Respondents to continue to violate state law, and also left the Superintendent in the position of having to further resist and oppose this illegal conduct, to which she by law cannot acquiesce,” reads the superintendent’s argument.
Christine Thompson, the executive director of the State Board of Education, “has overseen the disastrous, and often times shady, adoption and implementation of the new Common Core test, AZMerit, according to McQueen.
The appeal reads:
Soon after the current Superintendent took office, Respondent Thompson made it clear to the new Superintendent’s staff that she did not intend to take direction from the Superintendent and felt she worked independent of the Superintendent. Because by law the Board of Education staff work for the Department of Education under the direction of the Superintendent, the Superintendent could not recommend the continued employment of Respondent Thompson. In February 2015, the Superintendent, through her staff, notified Respondent Thompson that her employment was to be terminated. The Board disputed the Superintendent’s authority to terminate Ms. Thompson and the parties sought a private resolution of the dispute. That effort failed.
Related article: Douglas blasts Ducey, corporate cronies over kids
Former Superintendents of Public Instruction, Tom Horne and John Huppenthal believed Douglas had the authority to fire a Board of Education staff person.
According to ARS 15-203 “Powers and duties of the State Board of Education”, the Board shall:
– “employ staff on the recommendation of the superintendent of public instruction.”
Additionally, both the Board of Education Executive Director and Deputy Director report to Superintendent Diane Douglas as they are employees of the Department of Education listed on the Department’s own organization structure map.
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