The Message on the Leandro Case for Educational Funding

Photo courtesy of National Abortion Rights Action League (NARAL).

The growth of children helps us see the passage of time.  

Back in 1994, eighth-grader Robb Leandro and his parents saw that his education from Hoke County Schools was not adequate.  He and his family joined five other poor counties in a lawsuit against the state saying the state had a constitutional obligation to adequately fund the education of all children in North Carolina. 

Twice the NC State Supreme Court ruled on the Leandro case that NC children have a right to a sound, basic education—once in 1997 and again in 2004.  This right was defined as:

• Classrooms with competent, certified, well-trained teachers.

• Schools led by competent, well-trained principals.

• Resources necessary to support effective instructional programs.

Well, young Robb Leandro is now a 42-year-old lawyer.  Thus far, the GOP-led Legislature has not yet provided the financial commitment for the educational programs needed for the children of our state and ordered by the State Supreme Court.

In the meantime, education funding in NC improved for a while until 2010 when the Republicans took control of the NC General Assembly, and then education funding took a nosedive. Even with recent improvements, state per-pupil funding of education decreased.  North Carolina ranks 46th out of 50 in per-pupil funding.  And millions of children have gone through the NC schools without a court finding that the State was providing a sound basic education as required by the NC Constitution.

There is, however, a Court ordered plan in place that calls for $5.6 billion in new education spending through mid-2028, most of which is unfunded.  Last year’s budget law did appropriate up to $1 billion, mostly for salary increases over the next two years. Whether that is enough or whether the Courts have the right under the constitution to compel the legislature to fund programs is now before the Superior Court and the NC Supreme Court. 

The leader of the NC Senate Republicans, Phil Berger, says the Courts cannot require the Legislature to adequately fund education in North Carolina.  He insists that only the people of North Carolina, using their votes as their voices, can make the Legislature fund the Leandro.  This sounds a lot like, “We don’t have to listen to the courts.  Until the Republicans are voted out of office, we will do what we want, including providing inadequate funding for education.”

Until Republicans show that they have more interest in ensuring a “sound basic education” for North Carolina’s children than in providing low taxes for the wealthy, we must take Berger at his word and elect legislators who will adequately fund education in North Carolina, Democratic legislators.  After all, Robb Leandro has children in school now.

RECENT DEVELOPMENTS 

The GOP-led North Carolina Legislature, now with the help of GOP Judges, continues to sidestep the responsibility to provide a sound educational program for the children of North Carolina.

Earlier this spring G. O. P. Judge Michael Robinson, appointed by Republican Supreme Court Chief Justice Paul Newby, ruled that while the recently passed budget addressed some of the Leandro requirement, it did not address $785.1 million of it.  Judge Robinson ruled that the state must make up this difference in educational funding but does not say how.  Judge Robinson removed an earlier judicial order that required a budget transfer.

There is plenty of money to address this.

In May, Governor Cooper announced that state coffers are expected to take-in $4.24 billion more than was expected in the fiscal year ending June 30, and he includes in his list of ways to use the unanticipated money the following:  

• increase teacher salaries, 

• add almost $20 million to fund low-performing schools and 

• expand funding for early childhood education.

All needs outlined in the Leandro Plan and not currently funded by the Legislature.

Clearly, if Governor Cooper can find funds for Leandro (again), so can our state legislators.

To make matters worse, the North Carolina Supreme Court recently announced that beginning August 29, they will hear arguments on how to pay what is owed to the children of North Carolina.  Republican Leaders of the NC Legislature believe sufficient money has been set aside for education in the current budget and refuse to add more despite a looming judgement.  Democrats want full funding and a means to guarantee transfer of the money to educational agencies.  

GOP Senate leader Berger and his Republican colleagues have placed themselves above the law, insisting that if citizens want more funding for education, they should register their will at the next election.

Let’s take on Berger’s dare—only the people of North Carolina, using their votes as their voices, can make the Legislature fund the Leandro decision.

Elect a majority Democratic NC Legislature in 2022.

RESOURCES:

Major Source: WRAL-TV 30-minute documentary.  https://www.wral.com/new-wral-documentary-leandro-the-case-for-a-sound-basic-education-debuts-wednesday/20182393/

A Punishing Decade for School Funding from Center on Budget and Policy Priorities, https://www.cbpp.org/research/state-budget-and-tax/a-punishing-decade-for-school-funding

2021 Making the Grade: How Fair is School Funding in Your State? https://edlawcenter.org/assets/MTG%202021/2021_ELC_MakingTheGrade_Report_Dec2021.pdf

From https://edlawcenter.org/litigation/states/northcarolina.html. Major Cases, Litigation tab.

https://www.newsobserver.com/news/local/education/article255700821.html

https://edlawcenter.org/assets/MTG%202021/2021_ELC_MakingTheGrade_Report_Dec2021.pdf]

https://www.carolinajournal.com/news-article/n-c-supreme-court-grant

From: "Alanna Joyner, Progress NC Action" <admin@progressnc.org> Subject: Weekly Memo (4/28): NC GOP Judge reduces education funding amount, and early voting begins for the May 17 primary election. Date: April 28, 2022 at 3:26:48 PM EDT

Leandro case judge says NC schools are due $785M but nixes funds transfer to pay for it: https://www.wral.com/leandro-case-judge-says-nc-schools-are-due-785m-but-nixes-funds-transfer-to-pay-for-it/20253551/

“Gov. Cooper proposes to expand state’s budget to $29.3 billion, increasing investment in teachers, public safety” May 11, 2022 written by Laura Leslie and Maggie Brown. https://www.wral.com/gov-cooper-proposes-to-expand-state-s-budget-to-29-3-billion-increasing-investment-in-teachers-public-safety/20276792/

“The Leandro Case Gets Its Next NC Supreme Court Date” written by Emily Walkenhorst, June 2, 2022. https://www.wral.com/the-leandro-case-gets-its-next-nc-supreme-court-date/20311574/

“What is the Leandro Plan?” written by Emily Walkenhorst, March 16, 2022: https://www.wral.com/what-is-the-leandro-plan/20182282/

https://www.ednc.org/2022-04-26-judge-michael-robinson-amends