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The state Attorney General's office won't appeal a Superior Court judge's decision that State Superintendent of Public Instruction June Atkinson has the legal authority to run the state education agency.

Gov. Beverly Perdue had hired Bill Harrison to run the state Department of Public Instruction, going around Atkinson, who had twice won statewide elections for state superintendent. 

Atkinson, a Democrat, hired former state Supreme Court Justice Bob Orr, a Republican who runs the N.C. Institute for Constitutional Law, to fight the decision in court.  She sued Perdue and the State Board of Education, and won. 

The Attorney General's office said immediately after the Superior Court ruling in July that it would appeal. But the office decided last month not to, said spokeswoman Noelle Talley. 

Harrison said he told Perdue soon after the decision that he thought an appeal would be distracting. He retired from the paid job of state education CEO, though he is still the school board chairman. 

Perdue took some hits for appointing Harrison to the job running the education agency. The Mecklenburg County Democratic Party admonished Perdue for the attempted end-run around Atkinson. 

June Atkinson wasn't the only big winner today. Bob Orr also won.

Orr, a former state Supreme Court justice, is a student and teacher of North Carolina's constitution. He cited the constitution regularly last year when he unsuccessfully sought the Republican nomination for governor. (During his run for governor, Orr offered his own plan for how the state's public schools should be governed.)

Orr, who runs the N.C. Institute for Constitutional Law, has sued the state over the lottery, tax-increment financing and tax incentives for Dell. None of those suits has been successful.

But Orr represented Atkinson, a Democrat, in her suit against Democratic Gov. Beverly Perdue and the State Board of Education over who has the authority to run the state's public schools.

And, on Friday, he was on the winning side.

State school superintendent June Atkinson wants to do her job, and she's willing to go to court to get it.

Today, Atkinson and former Supreme Court Justice Bob Orr will discuss Atkinson's lawsuit against the state board and Gov. Beverly Perdue.

Though Atkinson was elected by voters to hold the position of superintendent, she has not assumed more than a superficial role. She has not actually run the Department of Public Instruction. During her first term, J.B. Buxton came out of Former Gov. Mike Easley's office to manage the education agency.

This year, Perdue bypassed Atkinson and chose William Harrison to both run the DPI and lead the State Board of Education as chairman. Harrison is also a defendent in the lawsuit.

Atkinson and Orr announced the lawsuit yesterday and will discuss details today. (N&O)

Eddie Davis says the schools superintendent should remain an elected post for now.

But the Democratic candidate for superintendent said he would be open to a wholesale reform of the education system that might include making it appointed.

"There needs to be a long discussion after the next election," he told Dome. "We're not in a position to talk about it while an election is ongoing, but I would certainly be willing to sit down and talk about it once I get elected."

Davis, who previously served on the State Board of Education, said he hopes Bob Orr's reform plan would spark an "overdue" discussion about state education policy.

He said that changes giving and taking back power to the superintendent in recent years have hurt the "checks and balances" intended in the state constitution.

"I am in favor of having that kind of dialogue," he said.

Joe Johnson says the schools superintendent should be accountable.

The Tryon resident, who is running for the Republican nomination for superintendent, told Dome that the problem with the position is that it doesn't have enough power. He said Bob Orr's plan to make the position an appointed one would make things worse.

"I firmly believe in the power of the people to vote for an office," he said.

Johnson said that one problem with the superintendent's role in recent years has been that it has been stripped of some duties for political reasons. He thinks they should be restored.

"Whether we like the individual or not, they are an elected executive official with the state," he said. "They should be able to run the Department of Public Instruction as they see fit for the betterment of our public school system."

June Atkinson says the governor is already in charge of education.

The state superintendent of public instruction told Dome that the governor appoints the members of the State Board of Education, who are in charge of education policy. She said Republican gubernatorial candidate Bob Orr's plan to appoint the superintendent is unnecessary.

The positions are for eight-year terms, which means first-term governors have to deal with board member appointed by their predecessors. But Atkinson said that is not a problem for those in their second term.

Atkinson, a Democrat running for re-election, also said that Republican gubernatorial candidate Bob Orr's plan to have the Board of Education elected, rather than appointed, would unnecessarily politicize the state's education policy.

"You would go from one political position to eight," she said.

She argued, however, that the legislature should clarify the roles of the superintendent and the board of education, which she said are "murky" right now.

Bob Orr thinks the State Board of Education should be more like an ombudsman.

The Republican gubernatorial candidate said that under his proposed education reform plan, an 11-member board would serve an advisory role to the governor.

Because eight members would be elected from districts, Orr said they would not always agree with the governor, who is elected statewide. But he said that the "clash of ideas" is a good thing.

"I'm not afraid of somebody disagreeing with me," he said.

Orr said the idea came from a former school superintendent whose opinion he respects. He said it makes sense under his reform plan, which would make the position of superintendent of public instruction appointed and not elected.

It would allow the public to continue to "have a voice" in education, he said.

Bob Orr wants to make the governor more accountable for education.

In a plan released this morning, the Republican gubernatorial candidate said he wants to fundamentally change the way the state's public education system works, some of which would mean changing the state constitution.

Among other things, he would:

* Make the state Superintendent of Public Instruction an appointed, not elected, office.

* Make the governor responsible for public schools.

* Elect eight members to the State Board of Education and have the governor appoint three others.

Orr said this would increase accountability and oversight for education, while clarifying the responsibility of the governor to improve public schools.

He argued that it's "disingenuous" for state officials to call for responsibility for education by principals and teachers, yet not take responsibility themselves.

"If the next governor wants to be an education governor, then that person has to be fully responsible for the successes as well as the failures in the public schools," he said.

Bob Orr said that Pat McCrory stole a plank of his education platform.

During a discussion of education at the WRAL debate tonight, McCrory said that he thinks the way the state determines education policy is out of whack.

"There is no one accountable for education," he said. "I think we ought to look at changing the state constitution to make the governor's office responsible for education."

He said that the state superintendent of public instruction, which is currently elected, should become an appointed position.

Later, Orr said that he is going to announce the exact same plan next Tuesday.

"I'm going to have agree with Pat," he said, adding as a joke, "in fact, I think he's hacked into my game plan."

He also argued that members of the State Board of Education—especially Democratic gubernatorial candidates Beverly Perdue and Richard Moore—should be held more accountable.