NC appellate judges rule on charter funding dispute

The N.C. Court of Appeals issued a ruling Tuesday in a case between three charter schools and Cleveland County.

In a 2-1 decision, a three-judge panel ruled that Cleveland County school administrators must turn over nearly $55,000 as part of a long-running dispute with Thomas Jefferson Classical Academy, Piedmont Community and Lincoln charter schools.

The case dates back to 2011.

At issue was whether the public school system could segregate some public funds from federal grants and elsewhere and not include them in the distribution formula for public charter schools.

Charter schools receive direct state funding, as do traditional public schools. They also seek equal per-pupil spending from county and local school boards.

In the Cleveland County case, school system administrators contended that some grants, such as those for Medicaid special-needs children, Internet access and dropout prevention, did not have to go to the charters. The charters took the matter to court, and a trial judge ruled that the money should be distributed to the schools.

In their ruling Tuesday, the three appellate judges agreed on seven of the nine funds under dispute.

In her partial dissent, Judge Wanda G. Bryant said she thought some of the federal grant funds for Internet access and operating expenses should not be shared with the charter schools.

Bryant agreed with Judge John Tyson, who wrote the majority opinion, and Judge Douglas McCullough on the other issues.

The statewide financial implications of the ruling were unclear late Tuesday.

Though charter schools receive taxpayer money, they are exempt from some regulations that traditional public schools must follow. There were 146 charters open in North Carolina last school year, with 14 more slated to open this fall. Another 13 schools are expected to open in 2016.

This story was originally published November 3, 2015 at 7:02 PM with the headline "NC appellate judges rule on charter funding dispute."