California's AB 181 strips elected schools chief of authority, legal challenge takes shape
A structural overhaul of California education governance, finalized through the 2026-27 budget process, places a new governor-appointed Education Commissioner above the independently elected State Superintendent of…
A structural overhaul of California education governance, finalized through the 2026-27 budget process, places a new governor-appointed Education Commissioner above the independently elected State Superintendent of Public Instruction. Assembly Bill 181, signed by Gov. Gavin Newsom as a budget trailer bill, transfers day-to-day managerial authority that previously rested with the elected superintendent to the new commissioner, who reports directly to the governor. Legal challenges are already forming, with November's superintendent race shaping the political backdrop.
What the legislation changes
AB 181 creates the Education Commissioner position as part of a broader governance alignment. The shift was finalized in budget negotiations between Newsom and legislative leaders, bypassing a standalone legislative vote and the standard public comment process. At the bill signing, Newsom said California has been postponing reforms recommended for a century and that the legislature and the people of the state demanded a new approach.
Current State Superintendent Tony Thurmond, who ran for governor but failed to advance past the June primary, told ABC10 that direct gubernatorial involvement in education is broadly sensible, given that most states operate that way. His concern is the process. The superintendent's position is voter-approved, he said, and routing the change through a budget bill rather than a constitutional amendment has created an extra layer of government, leaving the elected superintendent with very little to do.
The opposition forming
The California Teachers Association and Thurmond both oppose the manner of the change. Critics in the parents' rights camp frame the stakes more pointedly. Sonja Shaw, president of the Chino Valley Unified School District board, advanced from the June primary and will face Richard Barrera in November's general election for superintendent. She called AB 181 the most brazen power grab in California history, arguing Newsom used a backdoor budget bill to strip authority from a voter-approved office. Californians have rejected similar restructuring at the ballot box four separate times, she said, and vowed to challenge the legislation in court.
Steve Campos, who taught for more than 30 years and serves on the Perris Union High School District board of trustees, told Fox News Digital the legislation is a desperate move to prevent Shaw from winning the office. Laura Markin, a southern California high school English teacher with 20 years of classroom experience, said the elected superintendent will effectively function as a committee position, which she called a waste of taxpayer dollars.
What to watch
Lance Christensen, VP of Government Affairs and Education Policy at the California Policy Center and a former superintendent candidate, said the constitutionally clean path to restructuring the office is a ballot measure put directly before voters. That route, he noted, has been tried before and has always failed. Shaw's court challenge will be the first formal test of whether AB 181's budget-bill mechanism survives state constitutional scrutiny, with the November general election running concurrently.
Related reading
Filed via foxnews.com