TL/DR –
The North Carolina Supreme Court is set to revisit the Leandro education funding case in February 2022, less than 16 months after ruling that a judge could transfer taxpayer dollars without the General Assembly’s approval to address education inequities. The case is being appealed by Republican legislative leaders, who question whether Judge James Ammons had the authority to order that the state owed $678 million to fulfill two years of an eight-year plan to address these disparities in education. The case, which began in 1994, originally saw several school districts and families sue the state over alleged constitutional and state law violations regarding education.
North Carolina Education Funding Litigation Continues After Three Decades
The North Carolina Supreme Court is set to revisit the long-standing education funding litigation known as the “Leandro” case in early 2022. The highest court in the state will hold oral arguments on Feb. 22, roughly 16 months after the court’s earlier ruling involving the allocation of taxpayer dollars to remedy education inequities.
In November 2022, a majority of Democratic justices ruled that a trial judge could order the transfer of public funds without the express approval of the General Assembly. Since then, the court’s composition has shifted to a 5-2 GOP majority. The justices now plan to examine whether Judge James Ammons had the authority in spring 2022 to order the state to pay $678 million to fulfill part of an eight-year plan to address education disparities.
Republican legislative leaders have expressed opposition to the November 2022 ruling. They argue that only the General Assembly can allocate state funds and that there has been no formal legal decision that school districts statewide have failed to meet education quality standards as affirmed by the Supreme Court in 1997 and 2004.
Associate Justice Anita Earls stated that the case should not be revisited, pointing out that a prior trial judge identified a statewide constitutional violation related to education inequities necessitating a statewide solution. Lawyers representing several school districts in low-income areas also claim that the case was resolved in November 2022 and should not be revisited.
The Leandro case, which began in 1994, evolved from a lawsuit filed by several school districts and families against the state over alleged violations of state law and the constitution relating to education.
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