During the 2025 legislative session, there have been two attempts at granting the State Superintendent of Education increased power.

Proponents of HB344/SB215 and HB498/SB292 argue that the legislation would enhance oversight by empowering the State Superintendent to issue subpoenas, summon witnesses, and appoint special investigators to conduct investigations.

Despite what proponents say, there are serious concerns with this bill. Granting the State Superintendent subpoena power is an overextension of state authority into matters traditionally managed at the local level.

Such action could undermine the autonomy of local school boards and superintendents, potentially disrupting established governance structures.

Only six states in the nation give subpoena power to their State Superintendent of Education (Texas, Illinois, Washington, Nevada, Ohio, and Pennsylvania). Washington’s Superintendent is elected by the people.

Very few states give broad authority; most states narrowly grant these powers specifically for disciplinary hearings or don’t grant them at all. Seven states (including Mississippi, Arkansas, Tennessee, and North Carolina) give their State Board of Education subpoena powers.

Expanded and unchecked powers could easily be misused, lead to politically motivated investigations, or targeting of specific individuals or groups.

Further, granting the State Superintendent subpoena and broad investigatory authority could be used to exert undue influence over duly elected public officials. The bill is missing needed perimeters and safeguards to prevent the possibility of misuse.

Granting subpoena power to any individual that has no direct accountability to voters is always bad public policy.

The Alabama Policy Institute is a nonpartisan education and research organization committed to free markets, limited government, and strong families.