From left, Sarah Juhl of Weddington and Jenn of Waxhaw cheer on speakers at a rally for education funding on the grounds of the North Carolina State Capitol on Thursday, February 22, 2024 in Raleigh, North Carolina. -Sanders, Meg Bell of Monroe. The case comes as the state Supreme Court is hearing oral arguments in the long-running Leandro school funding case.Ethan Hyman | News and Observer via AP
RALEIGH — The North Carolina Supreme Court on Thursday passed a landmark 2022 education funding decision, allowing taxpayer funds to be used to correct unconstitutional inequities across the state without the explicit approval of lawmakers. The judgment was returned. Republican lawmakers who opposed the decision want it reversed by the court, which has since shifted from a Democratic majority to Republican control.
The current court's seven justices, five of whom are registered Republicans, are sitting in downtown Raleigh with lawyers representing Republican legislative leaders and the school district and state seeking to change the ruling from more than a year ago. I heard an argument from. At the time, Democrats held a 4-3 majority until Republicans won two seats in the election.
In a partisan shift, Republican justices agreed last fall to consider additional arguments sought by House Speaker Tim Moore and Senate Majority Leader Phil Berger. They still maintain that the state constitution specifies that only Congress can appropriate state funds.
The justices said last spring that Superior Court Judge James Ammons, who last oversaw the case, which began nearly 30 years ago, awarded the state $678 million to fulfill two years of an eight-year trial. It decided that the question narrowed down to whether the court had the power to make an order declaring that the dollar was owed. Comprehensive annual repair plan.
But the legal briefs filed with Berger and Moore essentially seek to reverse the November 2022 judgment. The action by Ammons' predecessor, the late Justice David Lee, ultimately approved the original plan with annual spending of $5.4 billion and ordered some of the taxpayer funds to be moved. , which was the focus of the 2022 ruling.
Other legal experts cited Supreme Court decisions in 1997 and 2004 cases that affirmed that the state constitution requires all children to have “an opportunity for a sound basic education.” To be implemented, they argue, Ammons' statewide order must be upheld and carried out. They argue that it is the judiciary's job to correct constitutional deficiencies throughout the state in K-12 education that have not been addressed by the executive or legislative branches.
But lawyers for the lawmakers said no school district beyond rural Hoke or Halifax counties has ever been legally determined to not meet that standard. And lawyers argue that school funding decisions are political issues that the judiciary should avoid.
“This is not a battle between those who want to fund education and those who don't,” Matthew Tilley, a lawyer for the Republican lawmaker, said at the beginning of about an hour and a half of arguments. “Rather, this case demonstrates that a trial court has jurisdiction to issue a statewide blanket order with a plan to determine education policy for all school districts when only district-specific claims are filed. “The issue is whether or not they had it,” he added.
Lawyers supporting the plan, which includes funding in part to improve teacher recruitment and pay, expand preschool and support students with disabilities, said Moore and Mr. Berger argues that it is procedurally past time for him to re-litigate the 2022 decision and that the case should proceed. It hasn't resurfaced. The case began in 1994, when several school districts and the children's families sued, alleging violations of state law and the Constitution. The lawsuit is often referred to as “Leandro,” after the last name of one of the students who filed the lawsuit.
Meanwhile, Melanie Dubis, who represents many school districts, said hundreds of thousands of students still struggle to read at grade level. She told the justices that they would have “since this lawsuit been filed to pass the state school system without the benefit of relief if this court vacates its 2022 order requiring additional state education funding.” , they will be the third generation of children.”
The justices did not issue a decision immediately, and their next opinion was set for March 22nd. The new Republican majority ruled in favor of Republican lawmakers, overturning previous redistricting decisions and upholding photo requirements for voter identification.
Democratic Justices Anita Earls and Alison Riggs read a previous court decision and said it clearly stated that a statewide remedy was granted. Republican Justice Richard Dietz pondered whether affirming the remedial plan would unfairly bar groups of future students and parents from suing for deficiencies in public education. .
“I don't care about the Legislature. I'm concerned about the students. Their rights are being violated,” Dietz said.
Democratic Gov. Roy Cooper is not named as a legal party in the case, but he supports implementing the plan his administration helped create. “Will our highest court have enough courage to protect these children, or will it once again protect the power of politicians?” Cooper asked in a news release ahead of Thursday's arguments.
As the case began, hundreds of education activists and civil rights activists gathered near the Supreme Court building. The Rev. William Barber, who heads the national nonprofit group Repairers of the Breach, said both Democratic and Republican leaders are to blame for failing to implement Leandro's earlier decisions. But he said Republicans' attempts to roll back the 2022 sentence are particularly troubling.
“The Leandro case is being sent back to the North Carolina Supreme Court by extremists,” Barber said.
Republican leaders have previously countered that K-12 funding continues to grow, accounting for nearly 40% of the state's roughly $30 billion annual budget. The Republican-led Congress also significantly expanded taxpayer-funded scholarships for K-12 students to attend private schools.
