Indiana lawmakers divided on appointment of education superintendent

The Republican-controlled Indiana Senate dealt Gov. Eric Holcomb a blow Monday on one of his legislative priorities.

The Senate defeated legislation that would have given the education chief's selection to the governor, starting in 2021, instead of being elected by the voters. The vote was 26-23 with 17 Republicans joining the nine Democrats to defeat the measure, sponsored by Sen. Jim Buck, R-Kokomo.

However, the House approved a similar bill, which now leaves the fate of the proposal in the hands of parliamentarians and lawyers to determine if the Senate can consider the measure a second time.

There is a Senate rule that a defeated measure can’t be reconsidered during the same legislative session.

Sen. Tim Lanane, D-Anderson, said the Senate rule is clear and the issue is dead because it was decisively defeated.

Lanane said the Senate has always adhered to the rules because they're there for a reason.

"The measure was defeated on the floor of the Senate by a majority and should not be considered again," he said. "Any legislation with similar legislation to make it an appointed rather than an elective one should be dead for this session."

Lanane and Sen. Luke Kenley, R-Noblesville, voted against passage. Sen. Doug Eckerty, R-Yorktown, voted in favor of passage.

Lanane said he was surprised by the vote and noted that Republicans were hearing from their constituents that people wanted it to remain an elective position.

"I hope there is no effort to get around the Senate rule," he said.

The House bill passed 68-29 with Terri Austin, D-Anderson, and Melanie Wright, D-Yorktown, voting no and Bob Cherry, R-Greenfield, and Tony Cook, R-Cicero, voting for passage.

The House vote was along party lines with all 29 Democrats voting against the bill, which was sponsored by House Speaker Brian Bosma, R-Indianapolis.

When asked about the Senate rule, Bosma said the issue has to be determined.

“In some way some of these things come back together,” Bosma said.

Bosma said it’s not a political issue, noting that both Republican and Democratic governors supported making the superintendent of public instruction an appointed position.

The Indiana General Assembly was given the authority in 1972 to determine how the position would be filled in the future, he said.

“This is an administrative office and not a policy-making office,” Bosma said.

Republican Jennifer McCormick of Yorktown defeated incumbent Democrat Glenda Ritz in the 2016 election for the position of superintendent of public instruction. McCormick said during the campaign she favored the position be appointed by the governor.

Bosma said there was a disagreement between former Gov. Mike Pence and Ritz on determining education policy over the past four years.

“Not everyone agrees,” he said. “The governor agrees.”

Wright, a school teacher, said one of the reasons she decided to run for office was because of what was taking place in 2010 and 2011.

“There were rapid changes that took place,” she said. “I support anything that is better for kids. Every time I turned on the news it was bad news.”

Wright said the one thing was she had the right to vote.

“I think it’s important to still provide power to the people,” she said.

Bosma said the process is now totally political and the legislation makes it a professional one.

“This takes it out of the political process,” he said.