Wake County Superior Court Judge Howard Manning doesn't think much of nonsensical school labels. 

Manning, who is overseeing the state's response to the Leandro education lawsuit, heard reports from education officials on funding and efforts to improve schools with lots of failing students. 

Under the state system, failing schools that are labeled "low performing" get extra help from the state to improve. But the state has schools where 60 percent or more students fail standardized tests yet escape the "low performing" tag. That's because student performance at those schools improves enough from one year to the next so that the schools show student growth.

 "It's still a fraud," said Manning. "It's still an educational escape from reality."

Manning said the schools know how to take students who barely fail one year and get their performance up enough to pass their tests the next year. A few students' scores improve, he said, but the school as a whole is no better off. 

He said the schools "hide behind the, quote, growth joke situation."

 The hearing continues today.

Bob Orr said judges should not play a major role in education.

At a debate in Greensboro Tuesday, the former Supreme Court justice was asked about the ongoing Leandro case, in which Superior Court Judge Howard Manning has monitored several school districts' progress in providing more funding for at-risk students.

Orr said he thinks that the case is providing political cover for inaction.

"The Leandro case, I confess, is going on at a length of time that I have never seen in my 18 years in the judiciary," he said. "I think there's a certain cover developed for the executive and the legislature that have Judge Manning out there, and I don't think that's appropriate."

The proper role of the judiciary, he said, was to step in if there are violations of citizens' rights, and, if necessary, order the legislature or the governor to comply with the state constitution.

"The governor needs to be the person in charge of education," he said.

Related: Mark Binker wonders what Orr thinks are the roles of the state schools superintendent and the state board of education.