Gov. Jack Markell has been tapped by the Obama administration for a seat on a national education advisory board, but he wants to make sure he can keep his current job as governor before accepting the post.
Markell has asked the Delaware Supreme Court for an opinion on whether accepting a seat on the National Assessment Governing Board would violate the state constitution, which says a state office holder cannot simultaneously hold federal office.
The court asked the state solicitor to defend Markell’s view that serving on the board does not amount to holding federal office, and lawyers for a Wilmington firm to take the opposite position.
The board oversees the National Assessment of Education Progress, or NAEP, commonly known as the nation’s report card.
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