Schools Superintendent June Atkinson is rethinking a lawsuit.

In an interview with the Fayetteville Observer in late February, Atkinson said she disagrees with Gov. Beverly Perdue's plan to consolidate power on the State Board of Education but she had no plans to sue over it.

But in a statement yesterday, Atkinson seemed to open up that possibility, saying the issue will not be resolved "until it is challenged in the judicial system or the Constitution is changed."

Although two bills have been filed in the legislature to put a constitutional amendment on the ballot, they are not likely to get far this session.

Meantime, Atkinson was more open to a lawsuit than in previous interviews.

"I definitely believe that this issue needs to be resolved. It could be resolved two ways, either by the General Assembly or a judge," Atkinson told the AP. "I just think it is a charade to the voters to have the laws that we have in place now as it relates to the governance of public education."

What state bills have the most opposition?

Recent surveys by the Elon University Poll, the conservative Civitas Institute and the Democratic firm Public Policy Polling have shown broad agreement on a number of issues.

Below, the percentage in opposition and the corresponding bill:

H.B. 362: Access to Higher Education (75 percent, 74 percent, PPP)

H.B. 120: Public Municipal Campaigns (73 percent, Civitas)

S.B. 20: Voter-Owned Election for Treasurer (73 percent, Civitas)

H.B. 71: Four-Year Terms (59 percent, Civitas)

S.B. 7: Allow Hunting on Sunday (58 percent, Civitas)

H.B. 154/H.B. 155: Appoint State Superintendent (51 percent, Civitas; 65 percent PPP)

Update: A poll by the N.C. Center for Voter Education found support for publicly financed municipal campaigns. 

VACATION LOCATION: Less than a month into her term as governor, Gov. Beverly Perdue went on a weeklong vacation with her husband at an "undisclosed location" out of state. It's not all fun though. Instead of, say, a John Grisham page-turner, she's apparently reading state budget books on the beach. A Time to .. Cut Spending?

FILING FILL: The bills keep coming. Legislation introduced at the General Assembly this week would outlaw a hallucinogenic herb, make high schoolers take art, let the governor appoint the schools superintendent, deny bail to illegal immigrants, and end a subsidy for out-of-state athletes. More than 335 bills have been filed so far.

THROWING LONG: U.S. Rep. Heath Shuler, a Democrat from Waynesville, did some pretty public trash talking about the stimulus bill, criticizing Democratic leaders for not getting more GOP buy-in. They hit back with criticism of his record on the Washington Redskins. But Shuler, who is mulling a run for Senate in 2010, may be thinking of other opponents.

IN OTHER NEWS: A Fayetteville Observer reporter joins the growing ranks of blogger-reporters. No bathrobes spotted in the press room at the legislature, yet. ... President Obama chatted about the Duke-Carolina game at a White House roundtable, but he studiously avoided taking sides. There's your bipartisanship. ... The legislature is considering a resolution to honor former lobbyist Roger Bone. It's one bill he wouldn't have had to lobby on.

A few notable House bills filed:

H.B. 132: Jury Duty Tax Deduction, Rep. Timothy Spear

H.B. 133: Prudent Management of Institutional Funds, Rep. Deborah Ross

H.B. 134: Assault State or Local Officer or Employee, Rep. Russell Tucker

H.B. 135: Broadband Service Providers, Reps. Bill Faison, Joe Tolson, Phil Haire and Thom Tillis

H.B. 137: Capital Procedure / Severe Mental Disability, Reps. Verla Insko, Pricey Harrison, Larry Womble and Paul Luebke

H.B. 149: Require Arts Educ. Credit for Graduation, Reps. Becky Carney, Rick Glazier, Alma Adams and Linda Johnson

H.B. 154: Appoint State Superintendent, Rep. Leo Daughtry

H.B. 155: Appoint State School Superintendent, Reps. Haire, Harold Brubaker, Johnson and Marvin Lucas

The first salvo has been fired in the superintendent fight.

Rep. Leo Daughtry, a Smithfield Republican, filed a bill today that would call for the state schools superintendent to be appointed by the governor.

The proposed constitutional amendment would have to be put to a statewide vote, which Daughtry proposes for the Nov. 3, 2010 ballot.

If the amendment passed, there would be no superintendent election in 2012, when June Atkinson's current term ends.

"I think we need to have a debate on the issue," he said. "From my experience, I've always heard that the governor runs as the education governor. We really need to go ahead and decide how we're going to handle this awkward issue."

He said he was not concerned that the move would strengthen Democratic Gov. Beverly Perdue. Instead, he argued it would make Perdue and her successors more accountable.

Daughtry said he does not know what the bill's chances are in the House, but he hoped to spark a debate about this option.

Previously: Atkinson calls for legislature to resolve dispute