Wake County judge temporarily blocks law limiting governor, school board powers

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RALEIGH, N.C. — A Wake County judge temporarily blocked on Thursday a new law passed by the Republican-led General Assembly that limits the power of incoming Gov. Roy Cooper and the North Carolina Board of Education, according to WTVD.

The Board of Education sued the state over the constitutionality of the law, which transfers oversight responsibility from the board to the new, Republican superintendent.

On Thursday afternoon, a judge granted a temporary restraining order preventing the statute from going into effect. That lasts one week until another court hearing next Friday.

On Wednesday, State Senate Leader Phil Berger called on the North Carolina State Board of Education to drop a lawsuit challenging a new law transferring much of its authority over public schools educating 1.5 million students to the state’s elected superintendent.

The new law passed by the Republican-controlled General Assembly gives incoming Republican state schools Superintendent Mark Johnson more control over the state’s education budget, oversight of charter schools and authority to hire senior-level aides.

State school board Chairman Bill Cobey said in a statement that the board is moving forward with a constitutional challenge of the law.

In a statement, Senator Berger said the law returns powers stripped away by Democrats in 1994 “to the Superintendent of Public Instruction – who was just elected by 2.3 million voters to lead our state’s public schools.”