Ruling puts superintendent in charge, sort of

Superintendent of Public Instruction June Atkinson won a court case Friday, prevailing in a lawsuit against Gov. Bev Perdue and her appointed state Board of Education chairman, William Harrison. Superior Court Judge Robert Hobgood ruled that the state constitution intended that the elected superintendent should be in charge of education, that Atkinson, elected last year to a second term, should be in charge of the Department of Public Instruction.

Perdue, and Mike Easley before her, had put her own director in charge of Public Instruction, saying she wanted to make responsibilities and accountability clear. Atkinson sued to settle the issue, and Judge Hobgood ruled that, accountability or not, the state constitution cannot be canceled at a governor's whim. Attorney General Roy Cooper has indicated he will appeal the ruling, and Atkinson and Harrison said they would work on their relationship.

Regardless of how the appeal turns out, don't expect a lot of changes in public education. The constitution may put the elected superintendent in charge of Public Instruction, but it also charges the superintendent with carrying out the decisions of the Board of Education. There's the irony: The elected superintendent, a constitutional officer, is required to carry out the wishes of a board of political appointees. So who's in charge, really? Not the elected constitutional officer.

The real solution to this problem is to shorten the state ballot by appointing rather than electing public officials who do not make public policy, including the superintendent of public instruction, the secretary of state, the commissioner of agriculture and others. Only 14 states elect their chief educational officer. Thirty-six states have clearer lines of accountability and responsibility.

The governor cannot redact parts of the state constitution, but a courageous governor could lead a campaign to amend the constitution to make the superintendent of public instruction appointed, thereby clearing up any ambiguity about accountability without violating the constitution.