Supporters of public schools in North Carolina have relied on the Leandro decision for more than three decades as they demanded fair funding of the schools. The North Carolina Supreme Court, now with a Republican majority, just overruled Leandro, which was decided in 1994. The new decision ruled that courts can’t tell the legislature to spend money.

For 32 years, North Carolina leaders have struggled to define what it means when the state constitution says “equal opportunities shall be provided for all students.” The long-running Leandro school lawsuit has seen the courts go back and forth on what the courts can do to provide a “sound basic education” for North Carolina’s 1.5 million public school students. Thursdays ruling by the N.C. Supreme Court marks the latest and potentially final chapter in that fight….

T. Keung Hui of the North Carolina News & Observer wrote:

The North Carolina Supreme Court has overturned a 2022 decision that allowed judges to order the transfer of hundreds of millions of taxpayer dollars to fund public schools.

In a decision released on Thursday, the Supreme Court’s Republican majority ruled that state courts do not have the constitutional authority to order the spending of state dollars for schools. The decision was 4-3 with Republican Associate Justice Richard Dietz joining the two Democratic justices in dissenting.

The decision reverses a 2022 ruling by the former Democrat majority that the courts can require state officials to transfer funds to try to provide students with their constitutional right to a sound basic education. The court dismissed the lawsuit, apparently putting an end to the nearly 32-year-old court case.

“As this litigation comes to a close a few weeks shy of its thirty-second anniversary, we are reminded of these principles from our prior cases: In our constitution, the people established a tripartite system of government,” Chief Justice Paul Newby wrote in the majority ruling.

“In doing so, the people did not vest the judicial branch with the power to resolve policy disputes between the other branches of government or to set education policy. We would be especially ill-equipped to resolve such questions in any event.”

Decision disappointment for school supporters

The long-delayed ruling had been expected after the 2022 elections flipped the court majority to Republicans. The court’s Republican majority then agreed to block the money transfer and rehear the case over the objections of the Democratic justices.

“Today’s decision is disappointing — but not surprising,” Keith Poston, president of the Wake Ed Partnership, said in a statement Thursday. “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.”

It has been 770 days since oral arguments were heard in February 2024. The lengthy wait for the new ruling had raised questions.

This year’s Supreme Court election won’t shift the court’s majority. Only Democratic Associate Justice Anita Earls, who is running against GOP state Rep. Sarah Stevens, will be on the midterm ballot

The decision comes at a turning point in how the state funds education. A report released in December by the Education Law Center ranked North Carolina last in the nation in school funding effort and 50th out of the 50 states and the District of Columbia in funding level.

State Republican legislators fought the judicial money transfer, arguing that only the General Assembly can order state dollars to be spent. Democratic lawmakers have supported the 2022 court decision.

“Today’s decision rightly recognizes the constitutional role of the North Carolina General Assembly, since the state Constitution entrusts sole appropriations authority to the legislature,” Demi Dowdy, a spokesperson for House Speaker Destin Hall, said in a statement Thursday. “House Republicans remain committed to investing in public education, including through our budget proposal to raise starting teacher pay to $50,000 and provide 8.7% average raises to our public school teachers.”

Read more at: https://www.newsobserver.com/news/politics-government/article312274642.html#storylink=cpy