NC Schools Supt. lawsuit to manage public education

The state superintendent of public instruction is suing the state and the governor

By: Arthur Mondale | WNCT
Published: April 04, 2009

The state superintendent of public instruction is suing the state and the governor.
June Atkinson says the courts should decide what her duties are.
Governor Bev Perdue says she did nothing wrong when she signed an executive order creating a CEO of Public Schools ultimately picking Bill Harrison.
But on Friday, June Atkinson filed a lawsuit in Wake County superior court challenging the governor.
The suit argues what the governor signed was unlawful and unconstitutional.
While the state constitution says Atkinson is the chief administrative officer of the school board, state law says the board can dictate the duties of the position.
Atkinson supporters like former State Supreme Court Justice Bob Orr say it's stripping an elected official of power.
"In good faith, 2.2 million North Carolinians cast their vote for me believing that I should carry out my constitutional responsibility of being the administrative head of the public school system,” Atkinson said.
But Governor Bev Perdue adds, "I don't believe the people of North Carolina and the kids classrooms can wait for a lawsuit or constitutional issue...right now I'm following the law of the land and I've done what I believe I have to do to help kids learn quicker."
Bob Orr says he hopes the state will act quickly in superior court and send the case directly to Supreme Court.
A decision could come in nine months.