Leandro judge wants more time to decide whether to order NC to increase school funding
The new judge overseeing the long-running Leandro school funding case wants another week before deciding whether to order the state to transfer nearly $800 million into public education.
The North Carolina Supreme Court had given Special Superior Court Judge Michael Robinson until Wednesday to decide whether to amend a prior judge’s court order requiring the state to turn over additional education funding. On Tuesday, Robinson cited how the parties on the case can’t agree on the facts to say he needs additional time.
“In order to carefully consider the submissions and arguments of counsel for the parties and issue an appropriate order detailing its findings and conclusions, the undersigned is in need of, and therefore requests an extension of seven days, to and through April 27, 2022,” Robinson wrote in his request to the Supreme Court.
Providing a 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 said the courts have waited long enough for lawmakers to act. Lee, a registered Democrat, issued an order requiring the state to transfer $1.75 billion to fund a consultant’s action plan for improving public schools.
The 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.
The order was blocked by the state Court of Appeals, which has a Republican majority.
New judge assigned to case
On March 21, the state Supreme Court, which has a Democratic majority, agreed to hear the case again. But the justices first gave the trial judge 30 days to review the state budget’s impact on the November court order.
Also on March 21, GOP Chief Justice Paul Newby issued an order replacing Lee with Robinson, a registered Republican. A spokesman for Newby has cited how Lee had reached the mandatory retirement age for judges. But Lee hadn’t asked to be removed and could have stayed on with Newby’s approval.
During a court hearing last week, the plaintiffs asked Robinson to amend Lee’s order to provide the $795 million that they say the budget doesn’t provide for the Leandro plan. Attorneys for the Republican-controlled General Assembly argued that only lawmakers can appropriate state money so they asked Robinson to throw out Lee’s order..
“The parties are not in complete agreement on the amount of funding provided in the Budget Act for the programs contained in the Comprehensive Remedial Plan and there is also disagreement regarding how the Court should interpret certain appropriations made in the Budget Act as well as the proper treatment for federal grants available to the state,” Robinson wrote his in request for a delay.
This story was originally published April 19, 2022 at 3:25 PM.
