Education

A closer look at judge’s ruling to fund North Carolina schools. Read the order.

A North Carolina judge ruled Wednesday that the state needs to transfer $1.7 billion from its reserves to increase funding for public education, the latest step in the long-running Leandro case.

State Superior Court Judge David Lee ruled Wednesday that North Carolina has failed to provide students with their Constitutional guarantee to a “sound basic education.”

To remedy the violation, Lee ordered the state budget director, state treasurer and state controller to “take the necessary actions to transfer the total amount” to fund the next two years of a plan developed by an education consultant.

The plaintiffs point to how the state is sitting on a budget surplus of more than $6 billion. Lee agreed on Wednesday, saying that the reserve balance is more than enough to fully execute the plan.

Lee’s order won’t go into effect for 30 days. But the money will not likely be transferred anytime soon as the leaders of the Republican-controlled General Assembly are expected to fight what they call an unconstitutional order. GOP lawmakers say the state Constitution only empowers the legislature to spend money.

The Leandro court 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. Lee, a retired Union County judge and registered Democrat, was assigned the case by the Supreme Court in 2016.

NC judge orders transfer of $1.7 billion schools

Here is Lee’s order issued Nov. 10, 2021.

Judge orders NC to transfer $1.7 billion to schools by Keung Hui on Scribd

Leandro Comprehensive Remedial Plan

Here is a closer look at the “comprehensive remedial plan” — the state’s answer for how it will improve North Carolina’s public schools as part of the long-running Leandro school funding court case.

In June, Lee approved a 7-year plan agreed to by the State Board of Education, Democratic Gov. Roy Cooper’s administration and the plaintiffs.

The $5.6 billion plan includes things such as a 5% pay raise for teachers, more funding for low-wealth school districts and expansion of the N.C. Pre-K program.

The plaintiffs proposed that Lee order that $1.5 billion be provided to the state Department of Public Instruction, $190 million to the state Department of Health and Human Services and $41 million to the UNC System to implement the Leandro plan.

Leandro Comprehensive Remedial Plan by Keung Hui on Scribd

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This story was originally published November 10, 2021 at 6:20 PM with the headline "A closer look at judge’s ruling to fund North Carolina schools. Read the order.."

T. Keung Hui
The News & Observer
T. Keung Hui has covered K-12 education for the News & Observer since 1999, helping parents, students, school employees and the community understand the vital role education plays in North Carolina. His primary focus is Wake County, but he also covers statewide education issues.
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