Previous NC courts at every level have ruled in favor of Leandro plaintiffs, stating that the legislature must meet NC’s constitutional duty to our children’s education. This includes multiple prior NC Supreme Court rulings (see Leandro timeline). However, the current NC Supreme Court majority, after a two year delay, has dismissed the Leandro case entirely. The 4-3 ruling claimed that due to procedural issues in previous rulings, all findings after 2017 are nullified and “this matter is dismissed with prejudice.”
A dismissal with prejudice means the case is permanently closed and cannot be filed again. Typically, cases are only dismissed with prejudice when the persons/entities filing the case can’t prove any facts that would support a valid legal claim or when the case has serious legal problems that can’t be fixed by modifying the claim in some way. Neither situation is true in the Leandro case.
In his majority opinion, Chief Justice Newby makes the astonishing statement that “The judicial branch is not the venue in which to seek educational policy reform.” This statement suggests incorrectly that Leandro was about educational policy instead of constitutional rights. It also ignores the role of the judicial branch when—as was found in multiple prior rulings—the educational policy enacted by the legislative branch (i.e. underfunding public schools so that students do not have the opportunity for a sound basic education) violates the state constitution. The N&O Editorial Board responded to Chief Justice Newby’s comment: “But routine school funding is one thing. The abject neglect of school funding is another. This is not a matter of the court dictating simple allocations. It is a matter of the court interpreting the state constitution.”
The right to education is clearly addressed in the state constitution in two places:
Article I: Declaration of Rights
- Section 15: “The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.”
Article IX: Education
- Section 2. State must provide “a uniform system of free public schools “…wherein equal opportunities shall be provided for all students.”
- Sections 5, 6 and 7 reference “free public schools.”
In her dissent, Justice Anita Earls writes, “The Court today betrays these constitutional commitments…the majority concludes that it will not order the State to correct the way it has harmed public school students, even in very low-wealth school districts like Hoke County, and even as two previous Courts concluded that the State is failing to adequately educate students and must act to fix the public education system. In reaching that decision, the majority relies on a hyper-technicality that is not even lawful grounds to dismiss these proceedings and was not argued by any party. Specifically, no party asked this Court to dismiss this case because it was an improper “facial” challenge. The majority’s narrow holding rests on stunning and unsupported assertions.”
If North Carolinians cannot count on our highest court and our state legislators to support our public school students and educators, then the NC State Constitution has essentially been nullified by these leaders.
When state courts fail to hold legislators accountable for following the constitution, and legislators refuse to adequately fund public education, our students are left without the resources that they are due. As a result, districts must rely on local governments to make up the funding gaps to ensure schools have the resources our students need to succeed academically.
This is clearly an inequitable solution that ignores the state constitution and leaves local school boards and county commissioners with the unfair burden of paying for what the state is neglecting to fund, a burden that many communities cannot afford even as they tax their community at a rate higher than the state average. Too many communities simply do not have local resources to ensure equal educational opportunities for their children, a key tenet in the Leandro lawsuit. But instead of providing needed resources to underfunded public schools, our legislators have funneled hundreds of millions into unaccountable private school vouchers in urban counties.
NC Legislators Are Still Responsible for Fully Funding Our Public Schools!
While the court’s decision is disappointing and shocking in the degree to which it removes the courts from responsibility, it does NOT absolve legislators of their legal duty to adequately fund public schools. Individually and collectively we must take action to remind our lawmakers of their responsibility to abide by the state constitution’s requirement to ensure our children’s civil and human rights by fully funding a free, uniform system of public education.
How Can We Help Our Children when the NC Supreme Court and NC Legislators Are Not?
It is time for parents, business leaders, educators, students, and civic and community leaders to recommit to advocating for fully funded public schools.
Putting our kids first must be more than a slogan, it must be a call to action! If North Carolinians cannot count on the courts to force lawmakers to follow the state constitution, then we must elect state and federal officials who are committed to fully funding our public schools and giving our children the future they deserve! Here are some actions we can take:
- Contact legislators! SIGN OUR PETITION and let them know we are holding them responsible for fully funding Leandro. Remind them that withholding these public school funds while funneling over $1.4 Billion to private school vouchers is irresponsible and neglects their pledge to support our state constitution.
- Increase Direct Advocacy. Statewide and community advocacy groups must continue to work together to educate and inform residents on the decisions that lawmakers make that impact our children and our public schools. Advocates must work together to contact state lawmakers directly in their community and when in session. Hold in-person meetings and town halls with legislators to seek their commitment to our public schools. Join NCPTA and PSFNC and many more education advocates for wEDnesday for Public Schools. We meet in front of the NCGA (Legislative Building) to speak up for NC’s public schools, our students and our educators. Bring your signs and your friends and join us!
- Become An Educated Public Ed Voter (and Vote!). You have the power to hold your elected officials accountable. Voting for candidates at all levels who support public education requires us to become an informed public education voter before we go to the polls. Visit our website often and get our newsletter to keep up with issues that impact our public schools. To help voters understand how candidates view public education, we are inviting all candidates for the U.S. Congress and NC General Assembly to take our Public Education Position Questionnaire. We will post the responses on our website for you to review and discuss with candidates in your community. If you want better public schools, you have to vote – and vote for the people who support public schools.
- Seek Local Government Support. Continue to work with your local school board and county commissions as they attempt to bridge funding gaps. Encourage these local leaders to join you or your advocacy group in lobbying your state legislators for equitable funding while holding them responsible for the disparities between wealthy and low-wealth counties.
- Volunteer with Community and Non-Profit Groups. Get involved with your local PTA and other community non-profits to volunteer in your local schools. Work with local education initiatives to provide resources, tutoring, and aid to schools that the state is not funding.
Time to step up, not back.
Work with us to educate and inform North Carolinians about the inadequate state funding that is severely impacting our public schools, our teachers, our students, and our local communities. Our public schools are essential for strengthening our economy and maintaining the vitality of our communities. They are truly the foundation of the American dream and the cornerstone of our shared democracy. Public education cultivates the next generation of thoughtful and engaged citizens and it embodies one of the most fundamental ideals of the American dream: equality of opportunity.
“The whole people must take upon themselves the education of the whole people and be willing to bear the expenses of it. There should not be a district of one mile square, without a school in it, not founded by a charitable individual, but maintained at the public expense of the people themselves.”
—John Adams, President of the United States (1797-1801)
Learn more about Leandro:
- Webinar – Leandro and the Courts with Justice Anita Earls
- Fact Sheet – Leandro Overview