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State appeals court affirms part of Gov. Walker rules law unconstitutional

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Governor Scott Walker

MADISON (AP) — A state appeals court says a portion of a law that gives the governor the power to block new education rules is unconstitutional.

Republican Gov. Scott Walker signed a law in 2011 that requires state agencies to get gubernatorial approval before drafting new administrative rules, legal language that enacts statutes and agency policies.

Teachers and parents filed a lawsuit in 2011 alleging the law was unconstitutional as applied to the state Department of Public Instruction, arguing it gives other state officers more power than the elected DPI superintendent.

A Madison judge in 2012 found the law unconstitutional as applied to DPI. The 4th District Court of Appeals upheld that ruling Thursday.

A spokeswoman for the state Department of Justice, which is representing the governor’s office, didn’t immediately return a message.