"I think it's a system issue," Bill Harrison, the new CEO of education, told Eyewitness News earlier this week. "I don't want people to think it's a people issue. And it's a structural issue. And the Governor has fixed the structure."
Wednesday Gov. Perdue signed a new law that would allow Harrison to become the CEO of education and serve as chairman of the State Board of Education.
The problem is Atkinson was elected by voters so she believed Harrison's appointment is an illegal replacement of her position.
Atkinson told Eyewitness News she wants to determine who is in charged of the state's education system.
"Candidly, I'm neutral because more than anything I want the government system to be fixed in North Carolina," she said. "If in 2012 we no longer have a State Superintendent position, so be it."
Atkinson has discussed the issue with lawyers and is considering a lawsuit. She was wants the question of who's in charge to be answered by the courts or in an amendment to the constitution.
Harrison began his new job as CEO of the Department of Public Instruction yesterday.