State Board of Education v. Fasold

The State Board of Education seeks declaratory determination of its power to adopt rules governing the common schools of the state. The Superintendent denies the board’s authority and seeks a declaration that the Constitution of Oregon vests in him alone the full authority to administer the state common school system. The trial court held that Article VIII, § 1 of the Oregon Constitution vested the duty of supervision in the Superintendent of Public Instruction. We reverse.

The following admitted facts and issues presented are taken, substantially, from the Board’s brief:

“The State Board of…