In front of the North Carolina Supreme Court building, public school supporters held a vigil on Wednesday, August 31, 2022 to call for full funding of Leandro's case and plan.Enlace Latino NC
In front of the North Carolina Supreme Court building, public school supporters held a vigil on Wednesday, August 31, 2022 to call for full funding of Leandro's plan.Enlace Latino NC

The Leandro case seeks to ensure that all children in North Carolina have access to an “adequate basic education.”

For more than 30 years, courts have found the state failing to enforce the mandate, especially for disadvantaged districts and students.

“The state has been found in violation of the constitution for failing to provide adequate resources to school districts to allow them to offer every child the opportunity to receive a quality basic education,” explained Matthew Ellinwood, director of the North Carolina Justice Center to Enlace Latino NC .

This organization, along with the Education Justice Alliance, is co-anchor of the coalition Every Child NC, which has urged the court and the General Assembly to comply with the Supreme Court ruling of 2022 and release the funds.

Development of the Leandro case

El /// Leandro began in 1994, when school districts in five low-income counties in North Carolina (Hoke, Halifax, Robeson, Vance and Cumberland) and families sued the state.

The parties alleged that the children were not receiving the same level of educational opportunities as students in higher-income counties.

In 1997, the state Supreme Court agreed, ruling that the North Carolina Constitution guarantees every child in the state “the opportunity to receive an adequate basic education.” The court stated that the state failed to meet that standard.

In 2004, the state Supreme Court ruled that the state's efforts to provide an "adequate basic education" to poor children were insufficient.

Most recently, in 2022, the state Supreme Court ordered the state to transfer funds to begin complying with the Leandro Comprehensive Remediation Plan.

However, following changes in the composition of the court and ongoing debates, the court agreed In February 2024, review the matter again.

The final decision is therefore being reconsidered and a new ruling is expected in 2025.

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

¿ What is the Leandro Comprehensive Remediation Plan?

The Leandro Plan calls for an eight-year investment of $5 billion to improve education in North Carolina.

The parties developed the plan primarily using extensive analysis and recommendations from educational consultant WestEd. The California-based group worked with the Learning Policy Institute and the Friday Institute at North Carolina State University. They also consulted a report from Gov. Roy Cooper’s Committee on Adequate Basic Education.

Some of the key elements are: 

Funding Increase :The plan proposes a significant increase in state spending on education per student to address inequities in economically disadvantaged counties.

Teacher and Principal Development and Recruitment:  It seeks to improve salaries, offer ongoing training, mentoring programs and access to resources, among other measures, to fill vacancies and retain staff.

Expansion of community schools : Will implement a community schools model in many more schools, focusing on those with the lowest income base in their communities.

Early childhood education , preschool and child care:  The plan proposes expanding early intervention, child care and pre-kindergarten programs to overcome educational barriers due to poverty, as well as eliminating waiting lists for child care subsidies.

school nurses , counselors and therapists  : Each school will have nurses to address students' health issues. The plan also proposes increasing the number of counselors and therapists in schools to address the growing mental health needs of students by providing emotional and psychological support.

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Current funding of schools  public

The impact of the COVID-19 pandemic and natural disasters in the state have impacted the needs of public schools in the state.

“The needs have only increased, but there has been no action regarding the allocation of these resources,” Wood lamented.

Un Education Law Center report again ranked North Carolina 48th in funding level. Additionally, the state ranked 49th in funding effort.

The funding effort ranking considers a state's ability to fund schools, based on its economy and tax base.

¿ Who opposes the Leandro plan?

The Republican-controlled General Assembly said Judge David Lee, who ruled on the case in 2022, did not have the authority to force them to provide the funds.

Terry Stoops, director of the John Locke Foundation's Center for Effective Education, told the News & Observer that Judge Lee's order is putting the state on a path toward a constitutional crisis.

However, supporters argue that the state Constitution gives courts the power to act when other branches of government fail to fulfill their constitutional obligations.

“The legislature doesn't want the court to mandate the implementation of this plan. They believe it's their responsibility to do so, but that's precisely the point of the case: that, over the past 30 years, the legislature hasn't done enough to remedy this situation, which has been consistently proven,” Wood said.

North Carolina Supreme Court ruling awaited 

As the state awaits the North Carolina Supreme Court's upcoming decision on the Leandro case, there is uncertainty about the possible outcome.

“We don’t know what they’re going to do,” Wood said of the potential ruling by the Republican-majority court. “Are they going to say they don’t have the authority to mandate this plan, or are they going to find something wrong with the way it’s presented?”

The court's previous decision in November 2022, ordering the allocation of funds for the first two years of the plan, was quickly halted by the Court of Appeals due to a change in the composition of the court.

Now, after more than two years, the state is still awaiting a new Supreme Court ruling on the same case.

Although a decision was expected in December 2024, Ellinwood notes that it has been delayed, with the next possible decision expected in March 2025.

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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