Why some oppose NC Supreme Court decision to throw out school funding lawsuit
AI-generated summary reviewed by our newsroom.
- Court dismissed 32-year Leandro case, overturning 2022 funding transfer order.
- Critics say ruling lets General Assembly continue underfunding public schools.
- Advocates urge legislature to fund pay, staff, services and student supports.
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The Leandro case & NC public schools
Since 1994, the long-running Leandro school lawsuit has seen the courts go back and forth about what it means when the North Carolina constitution says “equal opportunities shall be provided for all students.” Meanwhile, state leaders have grappled with how to provide a “sound basic education” for North Carolina’s 1.5 million public school students.
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The North Carolina Supreme Court’s decision to dismiss the long-running Leandro school funding lawsuit and throw out a 2022 court ruling ordering the transfer of funds to public schools is being criticized by some people.
Democratic lawmakers and liberal groups had praised the 2022 court ruling as needed to ensure students get their state constitutional right to a sound, basic education. Opponents of Thursday’s ruling said it allows the Republican-controlled General Assembly to continue underfunding public education.
Here’s a sampling of the reactions from critics:
Gov. Josh Stein
“Education opens doors of opportunity for children, but today the Court slammed them in the face of students who deserve the right to a sound basic public education. The Supreme Court simply ignored its own established precedent, enabling the General Assembly to continue to deprive another generation of North Carolina students of the education promised by our Constitution. In recent years, the General Assembly has dropped North Carolina to 49th in the country in per-pupil investment and made our teachers among the worst paid in the nation. Four Supreme Court justices believe that is OK, but they are wrong. Their decision is contrary to the plain language of our Constitution and the court’s past rulings.
“Today’s news doesn’t change our state’s fundamental responsibility to its students. That’s why I continue to advocate for a real pay raise for every teacher, more support personnel in our schools, free school breakfast for all students, and proven investments in student outcomes like the Science of Reading and Advanced Teaching Roles. Our children are our future, and it’s long past time we invest in them.”
Sen. Jay Chaudhuri
“Today’s Supreme Court ruling in Leandro is a betrayal of North Carolina and Wake County’ schoolchildren. In a 4-3 decision, the Court dismissed the 32-year-old case on procedural grounds, despite proven constitutional violations.
“Even Republican Supreme Court Justice Richard Dietz broke with his fellow Republicans, writing in dissent that the State’s failure to meet its constitutional obligations is ‘shameful.’
“The ruling means Wake County will not see an additional $290.7 million in annual state funding — or $1,802 more per student every year. It means losing 1,064 teachers, 835 teacher assistants, 354 counselors, and 276 social workers that our children desperately need. It means losing $46.9 million for students with disabilities and $70.7 million for at-risk and disadvantaged students — all at a time when North Carolina Republicans have failed to pass a budget and the federal government has slashed education funding.
“While the Court has failed our children, the General Assembly can act to guarantee every child the opportunity to receive a sound basic education.”
Tamika Walker Kelly, president of the North Carolina Association of Educators
“Today, thousands of North Carolina students walked into overcrowded classrooms and crumbling school buildings. And thousands of educators are committed to the young people of this state, in spite of the state’s failure to adequately fund our schools, because we believe that every child deserves the best we can give them. Today, the majority of the North Carolina Supreme Court made it clear they do not share that belief.
“What the court tries to pass off as a legal technicality is, instead, a moral failure. The people paying the price for our leaders’ failure are not abstractions. They are the generations of children in rural communities, past and present, who waited for 30 years for a promise never fulfilled. They are the parents and caregivers who did it all for their kids while the state failed to live up to its end of the bargain. And they are the educators who have given everything to a profession that this state continues to undervalue.
“Don’t forget, North Carolina is ranked dead last in public school funding. No state does less for its public schools than North Carolina. That fact was cemented today by our highest court.
“For all North Carolinians, the constitutional promise of a sound, basic education was not erased today. It was betrayed by those in power who believe that corporate tax cuts are more important than our future generations. Until the people of North Carolina rise up, reclaim our democracy and restore checks and balances, our kids will never be this state’s top priority.”
Keith Poston, president of Wake Ed Partnership
“Today’s decision is disappointing — but not surprising. The Court ruled on process, not whether students are getting what they need. That responsibility now sits squarely with state leaders. The needs in our schools haven’t changed — and neither has the urgency to act.”
This story was originally published April 2, 2026 at 6:27 PM.