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Education: State Board of Education v. State of NC

The State Board of Education is suing the state of North Carolina over a December 2016 law that shifts power to the elected superintendent of public instruction.

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Case name: State Board of Education v. State of North Carolina
What it's about: Who oversees the state's K-12 education system
State or federal court: State, three-judge panel in Wake County Superior Court.
Summary: House Bill 17, which was passed during a December 2016 special session of the General Assembly, shifts some of the authority to oversee the state Department of Public Instruction from the State Board of Education, an appointed body, to the independently elected superintendent of public instruction. In particular, the measure would give the superintendent more flexibility in managing the state's education budget, more authority to dismiss senior level employees, control of the Office of Charter Schools and the ability to choose the leader of the new Achievement School District, which is a group of low-performing public schools. Those powers have been under the State Board of Education's control. Members of the state board say the North Carolina constitution gives them the authority to run the K-12 school system and that the superintendent should carry out the policies the board sets.
In the real world: A Superior Court judge has put the law on a temporary hold until a three-judge panel has a chance to hear arguments.
Where it stands: A three-judge panel ruled in favor of the superintendent on July 14, 2017, saying that, although the state constitution gives the state board power over North Carolina schools, the new law doesn't violate the constitution. The state board has appealed the ruling to the state Supreme Court.

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