More than 700 days after the North Carolina Supreme Court last heard arguments in the nearly 32-year-old Leandro school funding case, there has still been no ruling. On Thursday, education advocates called on the courts to uphold a decision that would mandate more funding that could fund facility improvements, instructional materials and staff.
The Leandro case established that all North Carolina students are constitutionally entitled to a “sound, basic education” and created a multi-billion-dollar, court-ordered plan to improve schools.
Republicans in the General Assembly challenged the order to fund that plan, arguing that the courts don’t have the power to issue orders that effectively dictate statewide education policy and funding. Oral arguments were held before the state Supreme Court on Feb. 22, 2024, but the Supreme Court has been silent on the matter since then.
“As our highest court delays and defers action, the health of our public school systems across the state become more sick and frail, and our public school children suffer,” said Rhyan Breen, an attorney and member of the Wilson County School Board.
Brian Proffitt of the North Carolina Association of Educators said at a news conference Thursday that the Republican-led Supreme Court’s delay in ruling in that case has allowed underfunding to persist.
“Do your job,” Proffitt said. “Honor the Constitution. Rule to mandate the funding of Leandro. Stop the delays and put our kids first. History will remember whether this court stood with children or our state’s wealthiest residents and corporations.”
The next batch of Supreme Court rulings is expected Friday. The Supreme Court’s press office did not respond to a request for comment.
The court’s decision to take up the case in this latest chapter was in itself controversial. The Supreme Court had already affirmed lower court decisions mandating the funding in a 2022 ruling, after a prior challenge from the General Assembly.
Republicans brought their challenge again after the Supreme Court flipped from majority-Democrat to majority-Republican, and the court agreed to reconsider the case — a decision legal experts say was unusual and that public education advocates say was political.
The Leandro case goes back to 1994, when five low-wealth school districts sued the state, alleging inadequate funding. The Supreme Court has ruled in the case four times, upholding lower court rulings that the state was failing to meet its constitutional obligation for a sound, basic education. The Leandro plan was the result of years of court-led efforts to identify a remedy.
On Thursday, education advocates pointed to rankings that show North Carolina near the bottom of teacher pay and school funding rankings, and argued deficiencies that were present in 1994 when the case was first filed have persisted or gotten worse, blaming the state for failing to fund public schools.
“That means larger class sizes, fewer counselors, outdated facilities and fewer opportunities for our students from Halifax County, to the mountains, to the coast,” said state Rep. Rodney Pierce.
