Atkinson wins court challenge

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.