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State Supreme Court hears arguments in State Board battle against Superintendent
North Carolina is one step closer to a decision about who is ultimately in charge of the public education of its students. The State Supreme Court heard arguments Wednesday from lawyers representing the State Board of Education, state Superintendent of Public Instruction Mark Johnson, and the state of North Carolina in the final step of a case that will determine whether the legislature may give Johnson more power in his role as the state’s top elected education official.
The case stems from legislation passed in December 2016, which transferred certain powers held by the State Board of Education to Johnson. Attorney Bob Orr, arguing for the State Board, said that transfer was a violation of the Board’s constitutional authority. He argued that the contention of his opposing counsel was that the General Assembly had the power to change constitutionally-granted powers.