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MADISON METROPOLITAN SCH. DIST. v. DPI

No. 94-0199.

199 Wis.2d 1 (1995)

543 N.W.2d 843

MADISON METROPOLITAN SCHOOL DISTRICT, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF PUBLIC INSTRUCTION, Lee Sherman Dreyfus, Interim State Superintendent of Public Instruction, Respondents-Appellants.

Court of Appeals of Wisconsin.

Decided December 28, 1995.

Attorney(s) appearing for the Case

For the respondents-appellants the cause was submitted on the brief of James E. Doyle, attorney general, with Warren D. Weinstein, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Jill Weber Dean and Frank C. Sutherland of Lathrop & Clark of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Madison Metropolitan School District suspended and later expelled a Madison middle school pupil. The state superintendent of public instruction reversed the expulsion decision, and the circuit court reversed the state superintendent's decision. The department of public instruction and the state superintendent appeal from the circuit court's order.

The issues are whether (1) the state superintendent exceeded his authority when he ruled that the...

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