The Wyoming Supreme Court has agreed to hear the lawsuit filed by state schools Superintendent Cindy Hill.
Hill is suing the state and Gov. Matt Mead over a new law that took away many of her powers and duties.
Laramie County District Judge Thomas Campbell last month asked the Supreme Court to take up the lawsuit because it raises constitutional questions.
A law passed by the Legislature this winter replaced the superintendent as head of the state Education Department with a director appointed by the governor. The superintendent remains a statewide elected official.
Hill contends the law is unconstitutional.
Advocates of the law say the change was necessary because Hill was hindering school reform and doing a poor job of running the department.