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Judges Will Hear Motion In NC Education Authority Lawsuit

A court decision could help clarify the lines of authority over the administration and supervision of North Carolina's Public Schools. Keri Brown/WFDD

A three-judge panel is holding a hearing Thursday in the case of a power struggle between North Carolina's superintendent and the State Board of Education.

Legal experts say the final outcome of the case will help clarify who's really in charge of North Carolina's public schools.

It all began after the GOP controlled legislature passed a law last year that shifts some authority from the state school board to Republican superintendent Mark Johnson.

That includes more control over the state's education budget and oversight of charter schools. It also allows him to hire senior-level aides.

The board, currently dominated by Republicans, filed a lawsuit saying the shift violates the state constitution.

In July, the court sided with Johnson and the General Assembly over control of the department.

The Board of Education has filed an appeal. It's asking the court to stay or put on hold the ruling, while the case moves through the appellate process. The motion will be heard in Raleigh on Thursday morning.

This isn't the first time there's been a conflict between the state's education chief and the state school board.

In 2009, former Superintendent June Atkinson, a Democrat, sued Democratic Gov. Bev Perdue and the board. That struggle was over an appointment the governor made for a high-level education position.

A Superior Court ruled in favor of Atkinson.  Perdue did not appeal.

*Follow WFDD's Keri Brown on Twitter @kerib_news

Keri Brown is a multi-award winning reporter and host at 88.5 WFDD. She has been honored with two regional Edward R. Murrow awards for her stories about coal ash, and was named the 2015 radio reporter of the year by the Radio Television Digital News Association of the Carolinas (RTDNAC).Although she covers a variety of topics, her beats are environmental and education reporting.Keri comes to the Triad from West Virginia Public Broadcasting, where she served as the Chief Bureau Reporter for the Northern Panhandle. She produced stories for the state's Public Television and Radio programs and was honored by the West Virginia Associated Press Broadcasters Association for her feature and enterprise reporting.She also served as an adjunct instructor at Wheeling Jesuit University and Bethany College in West Virginia. She worked with the Center for Educational Technologies in Wheeling, WV, and other NASA centers across the country to develop several stories about the use of science, technology, engineering, and math (STEM) concepts in the classroom.Keri's journalism career began at WTRF-TV 7 in Wheeling. She worked in several roles at the station, including the head assignment editor. She also was a field producer and assignment manager at WPGH-TV Fox 53 in Pittsburgh.Keri is a graduate of Ohio University. When she's not in the studio or working on a story, she enjoys watching college football with her family, cooking, and traveling.Keri is always looking for another great story idea, so please share them with her. You can follow her on Twitter @kerib_news.

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