Latino parents participated in an event in support of the Leandro Plan held in the gardens of the NC State Capitol in August 2022/ELNC
Latino parents participated in an event in support of the Leandro Plan held in the gardens of the NC State Capitol in August 2022/ELNC


The North Carolina Supreme Court on Thursday overturned a 2022 lower court order that sought to increase state funding for public schools, ruling that the lower court lacked jurisdiction to issue it.

According to the Court's decisionThe courts of first instance "lack jurisdiction over claims that have not been properly filed." 

The ruling adds that “the litigants transformed the original claims into very different lawsuits without following the proper procedure to invoke the court’s jurisdiction.” 

As a result, the Court determined that orders issued after July 2017, including the one in 2022, “are null and void because they exceed the scope of the original claim.” 

The decision was 4-3, with Republican Associate Justice Richard Dietz joining the two Democratic justices in dissent. 

Chronology of the Leandro case

The case “Leandro v. State of North Carolina” was initiated in 1994 by school boards and families from low-income rural counties, who alleged that the state was not fulfilling its constitutional obligation to guarantee “a sound basic education”. 

For nearly three decades, the courts have debated the state's responsibility to correct educational inequalities. In 1997, the courts recognized that the state had a constitutional obligation to guarantee a solid basic education.

Despite this ruling, the defenders maintained that the lack of financing It left school districts without the necessary resources to implement the order.

Subsequent orders, in 2004 and between 2010 and 2017, established fund transfers and specific programs to serve rural and low-income districts.

The 2022 order, now revoked, required allocating more than $1,700 billion to public education to correct educational inequalities.

The state Supreme Court became 5-2 Republican in 2023, which led to a reconsideration of the rulings in the Leandro case.

Related:  Educators warn that the delay in the Leandro case impacts the most vulnerable students

Reasons for dissenting votes

Democratic Justices Anita Earls and Allison Riggs challenged the majority's limitation on judicial oversight. They also defended the protection of the constitutional right to a "sound basic education."

“This case is—and always has been—about the nature of the constitutional right recognized three decades ago in Leandro v. State: that the State has a duty to protect and guarantee the right of every North Carolina student to access a sound basic education… The Court today betrays these constitutional commitments,” Earls said.

Riggs supported Earls' view that the majority unduly limited the authority of the courts to correct persistent inequalities.

“The children of our state have already waited far too long for their state government to provide them with the start in life that our Constitution promises them, and after making them wait even longer, this Court has now pulled the ground out from under their feet,” Riggs said in his dissent.

Likewise, Republican Justice Richard Dietz dissented because he disagreed with the Court's finding that there were "fatal" jurisdictional defects that invalidated the Leandro case. He argued that the procedural problems could be corrected without closing the case.

“I disagree with the majority that there are fatal jurisdictional defects in this case. Trial courts have jurisdiction over claims alleging that the State is violating an express provision of the North Carolina Constitution,” Dietz said.

On Thursday, January 29, education leaders and advocates held a press conference outside the North Carolina Supreme Court to demand action in the Leandro v. North Carolina case regarding education funding. /Walter Gómez, ELNC
On Thursday, January 29, education leaders and advocates held a press conference outside the North Carolina Supreme Court to demand action in the Leandro v. North Carolina case regarding education funding. /Walter Gómez, ELNC

It may interest you:  What does the Leandro Plan mean for our community?

Mixed reactions to the ruling

The ruling generated immediate responses from lawmakers, education advocates, and community organizations.

Republican leaders support decision

Republican lawmakers celebrated the decision. Public officials argued that it is up to the North Carolina General Assembly to take a more direct role in school funding.

“Today’s decision correctly recognizes the constitutional role of the North Carolina General Assembly, as the state Constitution exclusively grants the legislative branch authority over budget appropriations,” said Demi Dowdy, spokeswoman for Speaker of the House Destin Hall.

He also reiterated the state budget proposal from this chamber to grant an average increase to teachers of 8.7%.

Senate Leader Phil Berger also stated that for decades “special interests linked to liberal education have attempted to misappropriate North Carolina’s constitutional funding process to impose their political preferences through judicial decisions.” 

According to Berger, the resolution confirms that "the appropriate way to formulate public policies is through the legislative process."

“Today, North Carolina children have access to world-class educational opportunities thanks to the legislature’s commitment to improving educational outcomes,” Berger added. “Heading into the short session, Senate Republicans will continue our unwavering focus on increasing parental involvement and educational opportunities for students.”

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Critics criticize the ruling for its impact on students

For his part, North Carolina's Democratic governor, Josh Stein, called the decision a blow to students.

In a statement, he noted that the General Assembly has placed the state 49th in the country in investment per student. As well as with teachers among the lowest paid in the nation.

“Today’s news does not change our state’s fundamental responsibility to its students. That’s why I continue to advocate for a real pay raise for every teacher, more support staff in our schools, free school breakfast for all students, and proven investments in student outcomes, such as Reading Science and Advanced Teaching Roles,” Stein said.

Organizations such as the North Carolina Justice Center and Every Child NC warned that revoking the 2022 order could exacerbate existing educational inequalities.

They also urged lawmakers to ensure that students in under-resourced districts are not left unprotected.

“Today’s decision to nullify Leandro IV is part of a statewide pattern of obstructing educational rights and denying schools the resources necessary to uphold the constitutional right to strong basic educational opportunities for our state’s children,” said Dana Mangum, interim executive director of the North Carolina Justice Center

After the storm

A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity. 

🎧 In this episode, learn how Latino organizations transformed crisis into resilience.

▶️Press play to listen!

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Claudia M. Rivera Cotto is a bilingual journalist who covers political, government and immigration issues in North Carolina for Enlace Latino NC. Claudia is part of Report for America. Previously,...

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