North Carolina fourth and eighth graders outperformed the national average in math on a national end of year test.

The National Assessment of Educational Progress math test results were released by the U.S. Department of Education. The tests showed that fourth graders in North Carolina were particularly strong in math. The average score in the state was 244 compared to 239 for the nation, according to a news release from the state Department of Public Instruction.   

Only Massachusetts, Minnesota, New Hampshire and Vermont performed significantly above North Carolina in fourth grade mathematics, according to DPI.

Eighth grade students in North Carolina outperformed their national counterparts although their score did not change from 2007. The average score in the state was 284, compared to the national average score of 282.

"As we prepare our students for the 21st century workforce, the importance of a solid foundation in mathematics cannot be overstated," Gov. Beverly Perdue said in a news release. "We must continue to make progress in this area — and push for excellence in all subjects — to ensure that all of our kids, everywhere in North Carolina, get the skills to succeed in any career, anywhere in the world."

The state will work with the Halifax County school district to find a replacement for departing superintendent Geraldine Middleton, said State Board of Education Chairman Bill Harrison.

Under a court order, the state Department of Public Instruction has a role in trying to improve student performance in the troubled district. More than half of the districts schools were labeled low performing because student test scores were so low, reports Lynn Bonner.

The poor performance triggered a provision in state law that would have allowed the state board to fire Middleton and appoint a temporary replacement. Harrison earlier this month said he did not want to fire her.

Middleton announced Monday night she was leaving Halifax for a job in Chicago.

The Halifax school board chairwoman is working closely with the state on the turn-around plan, Harrison said. He expects the relationship to continue as the board looks for a new superintendent.

"I think we'll work together and get someone to go in there and carry on the plan that's been put in place," he said.

Don't expect the legislature to step into the debate this year over who should run the State Department of Public Instruction.

At least four bills were filed this session that would seek to make the Superintendent of Public Instruction an appointed office or get rid of it all together in favor of an education commissioner, Lynn Bonner reports. Such a move would require voter approval to change the state constitution.

There was a flurry of interest when state superintendent June Atkinson asked the legislature to straighten out the chain of command at the state Department of Public Instruction, and a little more later when she won a lawsuit giving her the authority to run the department.

Sen. Tony Rand, a Fayetteville Democrat and the chamber's majority leader, said he didn't expect any votes on eliminating the elected office this year. Legislators are engaged in the budget and haven't had time to talk much about a constitutional amendment.

"We're trying rather desperately to adjourn," Rand said. "I'm not hearing anything about this coming."

On her first day back in her office and in charge of the state education department, Superintendent June Atkinson was immersed in the budget morass.

Atkinson returned from a conference in Colorado to a slate of meetings that included a web conference with district superintendents that focused on the legislature's budget negotiations, Lynn Bonner reports.

During the session, a participant pressed Atkinson on whether she would hold a press conference to publicly oppose some of the school cuts they see coming.

"I'd not considered that," said Atkinson, who said she'd talk to legislators and the head of the school administrators group, Bill McNeal.

Atkinson is in her second four-year term as state superintendent, but until a superior court judge's ruling Friday, she was never recognized as having the authority to run the state Department of Public Instruction.

"It feels good. It feels great," she said, of stepping into the leadership job.

William Harrison is stepping down as the CEO of the state's public schools. He will remain as chairman of the State Board of Education.

Harrison told employees of the Department of Public Instruction in an e-mail today that he will retire at the end of August, reports Lynn Bonner.

As you are aware, I have spent a great deal of time during the last two days responding to a legal dispute regarding my position as CEO. Quite frankly, I’ve wasted too many hours on this case – hours I would rather use working with you and education leaders across the state to accomplish the one thing Gov. Perdue asked of me six months ago: reforming our public education system to best serve our children. Because the 1.4 million students in this state remain my primary focus, and because I feel I can best serve them by focusing on my role as chair of the State Board, I will retire from DPI effective Aug. 31, 2009.

Harrison's retirement seemingly clears a path for June Atkinson, the state superintendent of public instruction, to take charge of the public schools.

Update: Gov. Beverly Perdue issued a statement saying that Harrison's decision "exemplifies what I’ve known all along – that his real commitment is not to a title or to a paycheck, but to securing a world class education system for our children. During this legal dispute, the focus on our kids has been lost in the courtroom. Dr. Harrison’s move today puts the focus back where it belongs – on the classroom."

Read more after the jump.

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June Atkinson says she is ready to go back to work on Monday, even if that means some awkward moments at the office.

Superior Court Judge Robert Hobgood ruled today that Atkinson, the state superintendent of public instruction, has the constitutional authority to run the state's schools.

The ruling was in response to a suit brought by Atkinson, a Democrat, after the State Board of Education stripped her of her powers and Democratic Gov. Beverly Perdue appointed William Harrison to run the state Department of Public Instruction and chair the State Board of Education.

The ruling means that Harrison will, in one capacity, now work for Atkinson when they show up for work on Monday, reports Kevin Kiley.

"There may be some awkward moments," Atkinson told reporters after the court ruling. "But after those awkward moments, we expect to move forward."

Atkinson said Hobgood's ruling clarifies a longstanding question about who is responsible for the governance of North Carolina's public schools.

"I did not want to bring this suit, but I thought it was time for the issue to be clarified," she said.

June Atkinson has won her court fight over who is in charge of public education in North Carolina.

Superior Court Judge Robert Hobgood ruled today that Atkinson, who was elected statewide as the state superintendent of public instruction, has the authority under North Carolina's constitution to run the state's schools.

Hobgood ruled that the State Board of Education has the authority to set policy for the state's public schools, but that the state constitution dictates that Atkinson, as the state superintendent, is responsible for implementing those policies.

Atkinson, a Democrat, had sued Democratic Gov. Beverly Perdue and the State Board of Education for improperly stripping her of her duties. Perdue has appointed William Harrison (pictured above) to run the state Department of Public Instruction and lead the State Board of Education as chairman.

That prompted Atkinson to file suit in April.

A lawyer with the state Attorney General's office had argued in court earlier this week that the state constitution gives the legislature the right to set out the superintendent's duties, and the law says the superintendent will do what the state education board says.

Update: Hobgood's order is effective immediately, although attorneys for the state attorney general said they would appeal the ruling.

A decision is expected this week on the question of whether State Supertintendent June Atkinson has suffered a violation of her constitutional rights because she has not been allowed to run the state's schools.

Superior Court Judge Robert Hobgood said he would announce a decision on Friday, reports Lynn Bonner.

A lawyer with the state Attorney General's office, Mark Davis, said the constitution gives the legislature the right to set out the superintendent's duties, and the law says the superintendent will do what the State Board of Education says.

"The constitution does not say she can choose her duties or that she has inherent duties that cannot be taken away," Davis said today at a hearing on Atkinson's lawsuit against Gov. Beverly Perdue, the state and the state board.

The state's head of public school testing has been named to a committee that will weigh in on the next version of the federal No Child Left Behind law.

Lou Fabrizio, director of accountability policy and communications at the state Department of Public Instruction, is on a national task force that will present ideas to Congress in September as it rewrites the law on school accountability, reports Lynn Bonner.

The task force was appointed by the Council of Chief State School Officers.