Courts & the Law, News

Board of Education asks Court of Appeals to pause transfer of power to Superintendent

Superintendent Mark Johnson (left) and State Board of Education Chairman Bill Cobey (right)

The State Board of Education has officially asked the Court of Appeals to stop Superintendent Mark Johnson from taking the reigns of the Department of Public Instruction until the appeal process is complete.

The motion for temporary stay and writ of supersedeas was filed late Tuesday afternoon. A three-judge Superior Court panel ruled for Johnson in a lawsuit over the transfer of power but issued a 60-day stay to prevent its ruling from going into effect right away.

The Board’s attorneys used those 60 days to try to negotiate with Johnson’s attorneys but were unsuccessful, so they went back to the panel to ask for another stay. The panel gave the Board 30 more days, which ends at 5 p.m. Monday, October 16.

Now, the Board is asking the appellate court to step in and extend the stay to preserve the status quo while litigation continues.

“Here, a stay of the trial court’s decision during the appeal is warranted because it is necessary to preserve the Board’s constitutional power and duty to supervise and administer the State’s public schools — a nearly 150-year-old responsibility,” the court document states.

The Board’s argument is that its power is derived — and has been for 150 years — from the N.C. Constitution.

“In stark contrast to the broad, sweeping powers and duties that the North Carolina Constitution confers on the Board, the North Carolina Constitution has always confined the [Superintendent of Public Instruction] to a limited role,” it states.

The document contends that a constitutional amendment would be required to flip-flop the Board’s and the SPI’s constitutionally mandated roles.

Without the appellate court issuing a stay, the legislation in question will move the entire $10 billion public school system under the control of a single individual for the first time in North Carolina history, according to the court document.

“This seismic shift will generate enormous disruption for our State’s public schools,” it states. “Worse, this seismic
shift would occur overnight, without any transition period whatsoever. As part of this disruption, the SPI would be immediately empowered to take drastic actions that could not be undone.”

Board’s Motion for Temporary Stay and Petition for Writ of Supersedeas by NC Policy Watch on Scribd

Check Also

A “Raise the Age” breakdown by districts across the state

North Carolina officially implemented Raise the Age legislation ...

Top Stories from NCPW

  • News
  • Commentary

North Carolina is projected to gain a U.S. House seat in the coming years, recent data show — a chan [...]

New facilities and policies offer hope to 16 and 17 year-olds once consigned to the adult correction [...]

State Rep. Holly Grange (R-New Hanover) failed to disclose a business owned and operated by her husb [...]

By the time the new Interstate 885 opens in Durham later this year, some of the people who conceived [...]

There is a temptation—and believe me, I understand it—to celebrate the fleeting nature of this week’ [...]

The North Carolina General Assembly is back in Raleigh this week and, as noted in this space last Fr [...]

The post DTH making its mark on Silent Sam settlement appeared first on NC Policy Watch. [...]

A long road remains to be traveled before North Carolinians find out whether they’ll have to show an [...]