NC Supreme Court to hear arguments in August on long-running Leandro school funding case
The North Carolina Supreme Court will hear arguments in August on whether the state can be ordered to transfer an additional $785 million into the public education system.
In a court order issued Wednesday, the N.C. Supreme Court says it will schedule oral arguments the week of Aug. 29 on the long-running Leandro school funding case. The parties in the case are challenging an April 26 lower court’s order that said the state owed the $785 million but couldn’t be required by the courts to pay the money.
The case could become an issue in this fall’s election. Democrats hold a 4-3 majority on the state Supreme Court. But two of the Democrat-held seats are on the ballot, meaning that Republicans can take back the majority on the court by flipping just one of the two seats.
Republican lawmakers have argued that only the General Assembly and not the courts can appropriate money. Democratic lawmakers have argued that the courts can intervene to try to provide students with a sound basic education.
Sound basic education
The Leandro case was initially filed in 1994 by low-wealth school districts to get more state funding.
Over the years, the state Supreme Court has ruled that the state Constitution guarantees every child “an opportunity to receive a sound basic education” and that the state was failing to meet that obligation. But the high court has held off on ordering the state to approve a specific funding plan.
In November, Superior Court Judge David Lee, a registered Democrat, ordered the state to transfer $1.75 billion to fund the next two years of a plan developed by an education consultant. The Leandro plan includes things such as pay raises for principals and teachers, hiring more teacher assistants, increased funding for low-wealth school systems and expansion of the state’s Pre-K program.
But a Republican majority on a three-judge Court of Appeals panel blocked the transfer of the money.
In March, the Supreme Court agreed to hear the case again but ordered the trial judge to review how the state budget affected the November court order. That same day, GOP Chief Justice Paul Newby replaced Lee and appointed Republican Superior Court Judge Michael Robinson as the new trial judge.
Can courts order funding?
In April, Robinson modified Lee’s order to say that the state still owed $785 million.
Robinson also removed Lee’s wording requiring the state treasurer, state controller and state budget director to transfer the money to fund the plan. Robinson cited how the Court of Appeals had blocked the transfer.
The Court of Appeals panel had said it was up to lawmakers to decide whether to fund the plan. Democrats have filed legislation to fund the plan, but Republicans are not expected to act on the proposals in the short session.
Republican legislative leaders have been critical of the Leandro plan, saying providing additional money isn’t necessarily the right way to improve education.
This story was originally published June 2, 2022 at 11:13 AM with the headline "NC Supreme Court to hear arguments in August on long-running Leandro school funding case."
