Douglas in court for Arizona Education Board control

• Schools chief Diane Douglas has asked a court for control of the state education board staff.
• Douglas and board staff members have been in conflict since February.
• Gov. Doug Ducey has said he does not believe Douglas has power over board staff.

State Superintendent of Public Instruction Diane Douglas has asked Maricopa Country Superior Court to rule that she, in essence, controls the staff of the Arizona State Board of Education.

In a motion filed just before the close of business Friday, Douglas asked the court for a preliminary injunction against board president Greg Miller and executive director Christine Thompson from "directing and assisting the board employees to act outside the direction and control of the superintendent."

Douglas said in a statement to The Arizona Republic early Friday evening that she does not intend to let the legal matter "become a distraction."

"I will continue to focus on improving the education of Arizona's children," she said. "I did not want this conflict, which started when I first took office, and I have tried a number of different ways to resolve it."

Daniel Scarpinato, Gov. Doug Ducey's spokesman, said he had not yet seen the lawsuit and could not comment.

Previously, Ducey and his top aides have maintained Douglas does not have the authority to hire or fire board staff.

A conflict over who is in charge of the board erupted in February, when Douglas fired Thompson and board deputy director Sabrina Vazquez over conflicts about to whom they reported.

The two returned to their posts a few days later after Ducey deemed the firings illegal.

Douglas criticized Ducey for interfering but said she hoped for legislation to clarify the issue. That legislation died last session, and there has been no movement on either side to clarify who has the authority.

Historically, staff members have worked for the 11-member board, which is a constitutional office that oversees school policy and operates separately from the superintendent of public instruction. Douglas is one of the 11 board members; the other 10 are appointed by the governor.

Miller, Thompson and Vazquez did not return calls and e-mails for comment Friday evening. Earlier in the day, Miller told The Republic that he wished the conflict would end so the state's education leaders could focus on other issues, including the rollout of AzMERIT, a statewide achievement test.

Tensions between the board and education department staffs have increased in recent weeks.

Thompson notified Douglas, education department staff members and outside education leaders by e-mail on May 8 that her staff had moved from the Arizona Department of Education building to the third floor of the Governor's tower. The board had approved the move in April; Douglas voted against it.

Along with the move, which was said to have stunned Douglas, the board launched a website that is separate from the education department's and began using new e-mail addresses.

Douglas and her staff have since sent letters to some board staff members, asking them to return to work in the education department building.

In Friday's complaint, the court was asked to declare as void the April board vote allowing staffers to move, and to confirm that Douglas has the power to direct and fire board staff.

"I had to file in court so I can put this behind us," Douglas said in her statement to The Republic. "I have asked the court to clarify my constitutional authority over the staff. I believe I am legally correct, but I will abide by the court's decision."

"I did not want this conflict," said Arizona Superintendent of Public Instruction Diane Douglas.