Days before North Carolina’s midterm elections, the state’s Supreme Court’s Democratic majority ruled Friday that state officials can be ordered to transfer funds to try to provide students with their constitutional right to a sound basic education. The Supreme Court upheld a lower judge’s ruling in November 2021 that required the state to fund the Leandro plan, which outlines steps to try to provide every child with highly qualified teachers and a highly qualified principal. The justices sent the case back to a trial judge to determine how much should be transferred. The original order called for a transfer of $1.75 billion before it was reduced to $785 million by a different judge. The decision comes after nearly 30 years of court hearings about the role the state should play in providing education to children. It is the first time the Supreme Court has ordered the state to provide funding. “For twenty-five years, the judiciary has deferred to the executive and legislative branches to implement a comprehensive solution to this ongoing constitutional violation,” wrote Justice Robin Hudson for the court’s majority. “Today, this opposition ends. “If this Court is to fulfill its constitutional obligations, it can no longer wait patiently for the day, year, or decade when the state undertakes to act on its constitutional duty to “protect and preserve” constitutional rights of the students of North Carolina.” The 4-3 decision came along party lines with the four Democrats ordering the funding transfer and the three Republicans dissenting. But control of the court could change after Tuesday’s election. The court’s Republican justices argued that the majority was overstepping its bounds with the ruling. “In no event, however, should this Court take the extraordinary step of declaring that “inherent authority” allows the judiciary to designate itself as super-legislators,” Justice Phil Berger Jr. wrote in the dissent. “This action is contrary to our system of government, destructive of the separation of powers and the very definition of tyranny as understood by our Founders.”

The long-running Leandro school funding lawsuit was originally filed in 1994 by low-income school districts to get more state funding. The case is named after one of the families that were originally part of the lawsuit. 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 failed to meet that obligation. Last November, the late Supreme Court Justice David Lee ordered the state to transfer $1.75 billion to fund the next two years of a plan developed by a consultant. A state Court of Appeals panel blocked the order. The Leandro plan calls for more than $5 billion in new funding over an eight-year period. Lee’s order applies to the second and third years of the draft. Future court rulings could come in the coming years. Superior Court Judge Michael Robinson replaced Lee as judge and ruled in April that last year’s state budget left the Leandro plan $785 million short of being fully funded. But Robinson removed Lee’s wording that required the state treasurer, comptroller and budget director to transfer funds. Lee died on October 4. Lawyers for the state board of education, school districts and the administration of Democratic Gov. Roy Cooper wanted the Supreme Court to require the transfer of the $785 million. “It is our constitutional duty to ensure that every child has access to a sound basic education,” Cooper said in a statement Friday. “As the NC Supreme Court confirmed today, we must do more for our students across North Carolina.” Attorneys for Senate Majority Leader Phil Berger and House Speaker Tim Moore argued it would violate the state constitution’s separation of powers for courts to order the transfer of money. Both Republican lawmakers said only the General Assembly has the power to appropriate state funds. But the court’s Democratic majority said lawmakers are failing in their constitutional obligation to fund education. “The state has proven — for an entire generation — either unable or unwilling to fulfill its constitutional duty,” Hudson wrote in the court’s opinion. “Now, this Court must determine whether this duty is a binding obligation or an unenforceable proposition. We support the first: the state cannot indefinitely violate the constitutional rights of North Carolina students without consequence. “Our Constitution is the supreme law of the land. it is not optional.” On Friday, representatives from Berger’s and Moore’s offices said they were reviewing the decision.

“Strong step forward”

The decision was welcomed by Democratic politicians and public education advocates. “For years, our state has fallen short of the constitutional requirement to fund a sound, basic education for our children,” House Democratic Leader Robert Rives, R-Chatham County, said in a statement Friday. “The Court found that after decades of inaction, now is the time for North Carolina to honor our obligation to provide this education.” “It’s unfortunate that the courts have had to force the Legislature to do what we should have done a long time ago,” Reives said. Senate Democratic leader Dan Blue of Raleigh called the decision a win for the state’s children, helping them get access to a good education. “Today’s #Leandro decision is a strong step forward in fixing a broken system and protecting our children’s constitutional right to a sound basic education,” Blue wrote Friday. Sen. Jay Chaudhuri, D-Raleigh, said the decision is long overdue and “represents a victory for every child, especially those in low-income school districts.” “If Republican leadership chooses not to follow the court’s order, they will remain in violation of the state constitution and more importantly in violation of the constitutional rights of children across the state who deserve to be able to achieve the American dream,” Chaudhuri said. in an interview on Friday. Attorney General Josh Stein, a Democrat, tweeted that the decision was a victory for North Carolina students and the future. “It is time for NC to adequately fund our schools so that NC high school graduates are prepared to succeed, whether entering college or their careers. I thank my team for their impressive work supporting this landmark case,” Stein said.

“Significant Civil Rights Decision”

Tamika Walker Kelly, president of the North Carolina Association of Teachers, said “an entire generation of students in North Carolina has lost what it means to have a fully funded education” during the lengthy legal battle. “Our lawmakers have failed us all by not providing adequate resources for our schools to be successful, and it is up to us to hold them accountable in our state constitution,” Walker Kelly said in a statement Friday. “We see the disparities in this situation between affluent and marginalized communities every day, and we know that today’s decision brings us one step closer to enabling every student to grow and thrive in their public schools.” Rick Glazier, executive director of the left-leaning NC Justice Center, said the decision “brought life” to the constitutional right to a sound basic education. “This is the most important civil rights decision handed down by the Supreme Court in decades, and one that will benefit generations of North Carolina children to come,” Glazier said in a statement. Staff writers Dawn Baumgartner Vaughan and Will Doran contributed. This story was originally published on November 4, 2022 12:23 pm. Related stories from the Raleigh News & Observer T. Keung Hui has covered K-12 education for the News & Observer since 1999, helping parents, students, school officials and the community understand the vital role education plays in North Carolina. His primary focus is Wake County, but he also covers education issues throughout the state.