Assembly OKs Bill on Schools Chief : Legislation: Measure overturns rulings giving broader authority to State Board of Education. Gov. Wilson is unlikely to support it.

The state Assembly on Thursday gave final passage to legislation that would spell out the supremacy of the elected state superintendent of public instruction over the appointed State Board of Education in overseeing education policy in California.

The measure would overturn two recent court decisions that have broadened the authority of the state board, whose 11 members are named by the governor and meet just once a month.

On a 45-26 vote, the Assembly sent the bill to Gov. Pete Wilson.

The Republican governor has not taken a position on the measure by Sen. Ralph Dills (D-Gardena) but it appears unlikely to gain his support.

Dan Schnur, Wilson’s communications director, cited the Democratic-controlled Assembly’s rejection earlier this year of Wilson’s appointment of state Sen. Marian Bergeson (R-Newport Beach) as state schools chief and the Legislature’s failure to recognize a Cabinet-level education secretary.

With the legislators unwilling to support Wilson, Schnur said, “the Board of Education is our last avenue through which to impact the process of formulating education policy.”

The Dills measure seeks to clarify the relationship between the state board and the state schools chief.

Historically, the board has exercised authority over textbook selection. But the elected superintendent has attracted the spotlight as the visible policy-setter.

The crossover of authority has sparked clashes, most recently between former Supt. Bill Honig, a Democrat, and conservatives appointed by Wilson and his Republican predecessor George Deukmejian.

To gain greater control over education policy, the board filed a suit in 1991 against Honig, who in January had to quit his post after he was convicted of conflict-of-interest charges.

A month later, the 3rd District Court of Appeal ruled in favor of the board, declaring that the schools chief should be the chief staff person for the board and handing the board new hiring powers.

Assembly Speaker Willie Brown argued that both court cases should be overturned. He said the state board should not be allowed to substitute its judgments for those of a locally elected school board and the superintendent should not be reduced to serving as a secretary for the board.