Finally, clearly in charge

In the fall of 2004, June Atkinson campaigned for and apparently won the job of N.C. superintendent of public instruction, the state's key constitutional officer for public schools. This summer, she finally landed the job and its full authority to be chief administrative officer of the State Board of Education as well as head of the Department of Public Instruction. Before winning a lawsuit in Wake Superior Court in July that recognized her authority to run schools, Atkinson says, "It was always a tap dance for me with public schools, with local school superintendents with the State Board of Education."

The ruling frees her to spend time on major issues she's pursuing: Improving accountability of public schools, providing students and their parents with regular academic growth charts so they can better determine a student's progress, better teacher evaluation to improve their effectiveness, increasing the state's graduation rate and reducing the number of poorly performing schools.

Miscast votes in some precincts in 2004 put the superintendent's race in doubt, and Atkinson was not sworn in until August 2005. Atkinson ran for re-election last year and won, finally getting to wear the gown she had purchased for the 2005 Inaugural Ball. She soon had a humbling experience. Gov. Bev Perdue appointed former Cumberland County schools superintendent Bill Harrison-- a longtime Atkinson friend -- to the State Board of Education, where he became chairman of the board and chief executive officer of state public schools. Atkinson even participated in Perdue's press conference earlier this year elevating Harrison to the top schools job, and heard Perdue say that Atkinson would continue to be an "ambassador" to the state's schools.

A few months later Atkinson filed a lawsuit challenging that setup and asking the state's courts to decide who's in charge. Former N.C. Supreme Court Associate Justice Bob Orr filed the suit and won a significant victory when Judge Robert Hobgood ruled that neither the legislature nor the State Board of Education can deprive the elected superintendent of authority to be chief administrative officer of the board without a constitutional amendment.

Atkinson was elated, but the fight did not appear to be over. Attorneys for the state said they likely would appeal. Legislators allied with the governor began making noises about launching an effort to amend the Constitution.

Then an interesting thing happened. Harrison announced he had spent too many hours working on the governance issue and said he would retire from the Department of Public Instruction -- but stay on as chairman of the board. He said he didn't want legal issues to distract from the important work of the board and the department in reforming education. Within a couple of weeks, legislators said there wasn't time to initiate a constitutional amendment process, leaving that issue for another day and leaving Atkinson in charge of public schools and the Department of Public Instruction for the first time.

That it took five years to resolve issues to this point is fascinating. This case is less about politics than about power. Atkinson, after all, is a Democrat who generally shares the educational views of Perdue and other Democratic governors. "You are not talking about a rogue Republican or a John Ingram," the former state commissioner of insurance who sometimes clashed with his own party, notes Orr. Atkinson "was about as popular a client as we could have had," making it harder to oppose her.

She's smart, too. Atkinson has worked hard at staying on good terms with the board. Before she filed her lawsuit, she said, she called board members to say she intended to keep working with them, win or lose. Her relationship with Perdue, Atkinson says now, "is very cordial, very good."

Atkinson's campaign to get full authority has been a long one, complicated by the fact there's so much to be done in public schools. But her husband, Bill Gurley, gave her good advice. "Sometimes," she said, "people have to ride turbulent waves so others can enjoy smooth sailing."