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Three-judge panel rules in favor of State Superintendent

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Superintendent Mark Johnson, left, and State Board of Education Chair Bill Cobey lead the May 2017 meeting of the State Board (Alex Granados/EducationNC)

A three-judge panel granted a motion for summary judgment in the lawsuit between the State Board of Education and State superintendent Mark Johnson, saying the Board failed to show the law that transferred power to Johnson was unconstitutional. 

The State Board filed the suit after the General Assembly shifted some authority from the Board to the Superintendent in House Bill 17, passed during last year’s short session. The law makes Johnson the chief authority of the Department of Public Instruction, a role previously held by the State Board. 

It also grants the superintendent direct supervision and administration of the public school system,  a concept that was at the crux of the arguments laid out in court today.  

Judges Forrest Bridges, James Ammons Jr., and Martin McGee heard arguments at the end of June. 

Today’s decision included a 60-day continuation of the temporary injunction that prevented the law from taking effect. The State Board may appeal.