NC Supreme Court will hear Leandro case. Will they order more money for schools?
The North Carolina Supreme Court has agreed to take on the question of whether the courts can order the state to increase funding for public schools.
Late Monday, the state Supreme Court issued an order agreeing to hear whether Superior Court Judge David Lee can require $1.7 billion to be transferred from the state treasury to fund the Leandro school action plan. In another court order on Monday, Supreme Court Chief Justice Paul Newby replaced Lee with Superior Court Judge Michael L. Robinson as the new judge over the case.
As part of the court order, Robinson was given up to 30 days to review whether he should amend Lee’s court order based on the new state budget. Robinson, like Newby, is a Republican while Lee is a Democrat.
The Supreme Court’s 4-3 Democratic majority will decide what power the courts have to require the state to live up to its constitutional obligation to provide students with the opportunity to receive a sound basic education.
Leaders of the Republican-controlled General Assembly have been critical of Lee and the Leandro plan. They argue that only the legislature has the constitutional authority to appropriate state money.
Providing a sound basic education
The court order is the latest chapter in the long-running Leandro school funding case.
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.
Lee, a retired Union County judge, was assigned the case by the Supreme Court in 2016.
In his Nov. 10 court order, Lee wrote that the courts had waited long enough for state lawmakers to act. He ordered the state treasurer, state controller and state budget director to transfer $1.7 billion to fund the next two years of a multi-year action plan developed by an education consultant.
The consultant’s 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.
Soon after, a three-judge state Court of Appeals panel blocked enforcement of Lee’s order. The two GOP judges on the panel said Lee exceeded his authority.
The plaintiffs appealed for the Supreme Court to intervene. State Senate leader Phil Berger and House Speaker Tim Moore asked that the case remain in the Court of Appeals, where there’s a GOP majority, before moving to the Supreme Court.
How far will Supreme Court go?
In the new court order, the Supreme Court directs the trial judge to review the state budget and, if needed, issue an amended court order. The state budget adopted in November funds about half of the Leandro plan.
“As soon as the trial court has certified to this Court any amended order that it chooses to enter, this Court will enter any such other and further orders governing the procedures to be followed in this case as it deems necessary,” according to the court order.
Courts in other states have used their power to force state leaders to increase funding for public schools. This has included fining state leaders and holding them in contempt of court.
This story was originally published March 22, 2022 at 10:47 AM.
