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Carolina Journal: N.C. Supreme Court Delays Transfer of Power to DPI

Justices indefinitely extended stay, due to expire in mid-October; State Board of Education wants to bypass Court of Appeals

The legal battle over public school authority continues, as Carolina Journal reports:

The N.C. Supreme Court has granted a temporary stay in a lawsuit involving State Superintendent Mark Johnson and the State Board of Education.

The board filed the lawsuit after passage of House Bill 17, which gives Johnson direct supervision over the public school system. Under H.B. 17, Johnson would have sole authority over the employment status of thousands of DPI employees. The board argues that runs afoul of the N.C. Constitution.

A three-judge panel ruled for Johnson in July and enacted a 60-day stay expiring in mid-September. SBE requested another temporary stay and was granted another 30 days. That stay expired Monday, but the N.C. Supreme Court granted a new stay without an expiration date.

“I am disappointed by the ruling and by the State Board’s continued defense of the status quo for our public schools.” Johnson said in an emailed statement.

Full story about the fight for authority over North Carolina’s public schools can be found here.

Donna Martinez / VP of Marketing and Communications

Donna came to the John Locke Foundation in January 2003 after freelance writing for Carolina Journal and contributing to projects for the North Carolina Education Alliance. He...

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