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A state judge has ruled that Gov. Bev Perdue and the state legislature cannot relieve School Superintendent June Atkinson of her responsibilities as chief administrator of the state’s public schools.

From the Associate Press:

RALEIGH (AP) — A Wake County judge has ruled North Carolina's elected public schools superintendent has the constitutional powers to be the day-to-day administrator of the state's education bureaucracy.

Judge Robert Hobgood's ruling Friday deals a blow to Gov. Beverly Perdue and is a win for Superintendent of Public Instruction June Atkinson. His opinion is to be appealed.

Hobgood ruled that Perdue violated the state constitution by creating an overarching public education executive and giving state schools CEO Bill Harrison the top administrative role.

Atkinson said her role had been diminished to ambassador for public education.

Click here for a link to the story.

Click here for a PDF of the judges ruling. (Courtsey of Paul Woolverton at the Fayetteville Observer, who brought me back a copy from the hearing.)

Update: The meet of the ruling is this:

The General Assembly and the State Board of Education do not have the power, without a constitutional amendment, to deprive the duly elected Superintendent of Public Instruction of her inherent power as chief administrative officer of the State Board of Education. The General Assembly and the State Board of Education do not have the power, without a constitutional amendment, to confer on the Chief Executive Officer of the State Board of Education the inherent powers of the duly elected Superintendent of Public Instruction as the chief administrative officer of the State Board of Education.

The General Assembly has mandated that the general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish policy for the system of free public schools, subject to laws enacted by the General Assembly. N.C. Gen. Stat. $115C-12. However, the General Assembly also specified that all the powers and duties exercised by the State Board of Education shall be in conformity with the Constitution. N.C. Gen. Stat. $i i5C-12(9).

The wisdom of having a "Chief Executive Officer" appointed by the State Board of Education at a salary of $265,000 per year is not for this court to decide. There is no question that the job of administering a statewide public school system is difficult and complex. It is uncontroverted that 41 years ago all candidates for the position of State Superintendent of Schools in the election of 1968 advocated that the office be filled by appointment of the State Board of Education. Since that time, many persons have advocated the selection of the State Superintendent of Public Instruction by appointment. However, the people of North Carolina have never voted by a constitutional amendment to select the Superintendent of Public Instruction by appointment rather than by election.