State Board of Education will appeal constitutional challenge decision favoring Superintendent

The State Board of Education announced today that it will appeal a court decision handed down last week that allows newly elected Superintendent Mark Johnson to be in control of the state’s public education system.

A three-judge panel issued its ruling Friday that the Board of Education did not meet its burden of proof when arguing that lawmakers were unconstitutional when transferring power from the Board to Johnson.

Bill Cobey, the chairman of the State Board of Education, said earlier this week that he was disappointed about the court’s ruling but couldn’t speak further about it until after the Board’s meeting.

When asked about the appeal, he responded, “I can’t guarantee anything because I’m only first among equals.”

Although the panel ruled in favor of Johnson, it left in place a stay preventing the law from taking effect for 60 days to allow for an appeal.

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