A new state constitution in 1971 designated the superintendent as the secretary of the Board of Education, but removed the office's voting power on the body.

[1] In 1850, North Carolina Governor Charles Manly appealed to the legislature for the creation of an office with centralized authority over public schools.

[2] In 1852, the assembly created the Department of Public Instruction to be led by the superintendent of common schools chosen by legislative appointment.

[2] The duties of the superintendent and the structure of the Department of Public Instruction have been altered over time by the General Assembly.

[10] In 1987 another effort was made to make the office appointed by the board in an attempt to simplify governance of the state's educational system.

[11] The following year the legislature empowered the superintendent to organize the structure of the Department of Public Instruction, spend its funds, and enter into relevant contracts in the course of its operations.

School officials subsequently complained about a lack of clarity in the leadership of the Department of Public Instruction, and the Public School Forum of North Carolina dubbed the system a "four-head monster" under the competing authorities of the superintendent, deputy superintendent, the Board of Education, and the governor.

[7][13] In 1997 the General Assembly again attempted to amend the constitution to remove the popular election of the superintendent, with the effort narrowly failing by two votes in the North Carolina House of Representatives.

[17] In 2009, Governor Bev Perdue, with the cooperation of the board, attempted to circumvent Atkinson's authority by appointing a chief executive officer to run the Department of Public Instruction, effectively rendering the superintendent a symbolic official.

[18][19] The governor justified her decision by arguing that it was "adding accountability and clear direction to a system that is badly in need of both.

"[12] Atkinson sued to assert her leadership over the department, and the Wake County Superior Court decided in her favor, ruling that she was in charge of the chief executive officer.

"[22] In wake of the decision, Superintendent Mark Johnson eliminated dual reporting positions, making all such employees responsible only to him.

[31] They are also required to report to the governor on the state of public education in North Carolina 30 days before each regular session of the legislature.