NATIONAL NEWS

Going on 30 years, an education funding dispute returns to the North Carolina Supreme Court

Feb 21, 2024, 9:04 PM

FILE - N.C. Association of Educators Vice President Bryan Proffitt speaks during a news conference ...

FILE - N.C. Association of Educators Vice President Bryan Proffitt speaks during a news conference held by Every Child NC in Raleigh, N.C., Aug. 31, 2022. The press conference was held to urge the N.C. Supreme Court to order the state to fund the Leandro plan. The North Carolina Supreme Court scheduled oral arguments Thursday, Feb. 22, 2024, in an education funding case barely a year after a majority of justices — all Democrats — ruled on whether a trial judge could move taxpayer money to address schooling inequities statewide without the express approval of legislators. The court now has a Republican majority that decided to take up again a portion of the case known as “Leandro.” (Ethan Hyman/The News & Observer via AP, File)
Credit: ASSOCIATED PRESS

(Ethan Hyman/The News & Observer via AP, File)

RALEIGH, N.C. (AP) — Longstanding education funding litigation is returning to North Carolina’s highest court hardly a year after a majority of justices — all Democrats — agreed that taxpayer money could be moved to spend on addressing schooling inequities statewide without the express approval of legislators.

What’s apparently changed to permit Thursday’s scheduled oral arguments at the state Supreme Court is its composition. A few days after the court’s milestone 2022 ruling, registered Republicans won back a majority on the seven-member court after success in statewide elections for two seats.

With the partisan shift having taking effect, the five GOP justices agreed last fall to consider additional arguments sought by Republican legislative leaders opposed to the 2022 decision. Those lawmakers contend only the General Assembly can appropriate state funds.

The justices wrote that Thursday’s matter would be narrowed upon whether Superior Court Judge James Ammons, the latest to oversee the litigation originating almost 30 years ago, had authority last spring to enter an order declaring the state owed $678 million to fulfill two years of an eight-year plan.

But legal briefs filed for Senate leader Phil Berger and House Speaker Tim Moore essentially seek to overturn the November 2022 decision by the then-Democratic controlled court. Action by Ammons’ predcessor, the late Judge David Lee, who approved the initial $5.4 billion plan and ordered some taxpayer funds be moved, served as the focus of the 2022 ruling.

The legislators’ attorneys say there’s never been a legal determination that school districts beyond rural Hoke and Halifax counties had failed to live up to requirements affirmed by the Supreme Court in 1997 and 2004 that the state constitution directs all children must receive the “opportunity to receive a sound basic education.” And, the lawyers argue, school funding decisions are political questions that judicial branch must avoid.

A host of other legal parties, including several school districts, say Ammons’ statewide order must be upheld and implemented. They say it’s the judiciary’s job to fix statewide constitutional deficiencies in pre-kindergarten through 12th grade instruction that the executive and legislative branches failed to address.

Democratic Gov. Roy Cooper is not a legal party in the case but supports carrying out the plan that his administration helped create.

The attorneys supporting the plan — which in part includes funding to improve teacher recruitment and salaries, expand pre-K and help students with disabilities — argue that Moore and Berger are trying to relitigate the 2022 decision, but it’s well past time procedurally to rehear the matter.

The justices were unlikely to rule from the bench at the close of oral arguments. The court’s next opinion date is March 22. The new Republican majority has ruled favorably for GOP legislators by striking down previous redistricting decisions and upholding a photo voter identification mandate.

Education and civil rights advocates scheduled a rally outside the Supreme Court building while the case was heard.

The litigation began in 1994, when several school districts and families of children sued and accused the state of state law and constitutional violations. The matter often has been referred to as “Leandro” — for the last name of one of the students who sued.

In requests repeating from the 2022 case, lawyers for the school districts asked that Associate Justice Phil Berger Jr. — son of the Senate leader — recuse himself from the case, while attorneys for the elder Berger and Moore asked that Associate Justice Anita Earls not participate. This year’s recusal motions were denied, as they were in 2022, and Earls, a registered Democrat, and the younger Berger, a Republican, both were expected to participate Thursday.

National News

Associated Press

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

PHOENIX (AP) — An Arizona judge declared a mistrial Monday in the case of a rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border. The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation in trial of George Alan Kelly, […]

2 hours ago

Associated Press

Trial opens for former Virginia hospital medical director accused of sexual abuse of ex-patients

NEW KENT, Va. (AP) — The former longtime medical director of a Virginia hospital that serves vulnerable children used physical examinations as a “ruse” to sexually abuse two teenage patients, a prosecutor said Monday, while the physician’s attorney “adamantly” denied any inappropriate conduct. The trial of Daniel N. Davidow of Richmond, who for decades served […]

2 hours ago

Associated Press

US House Judiciary Committee chair seeks details from ATF on airport director shooting

LITTLE ROCK, Ark. (AP) — The chair of the U.S. House Judiciary Committee on Monday asked the Bureau of Alcohol, Tobacco, Firearms and Explosives to provide documents and information about its raid at the home last month of the Little Rock airport director who died after a shootout with agents serving a search warrant. Rep. […]

3 hours ago

Associated Press

Minnesota state senator arrested on suspicion of burglary

MINNEAPOLIS (AP) — A state senator and former broadcast meteorologist was arrested on suspicion of burglary early Monday in the northwestern Minnesota city of Detroit Lakes, police said. Democratic Sen. Nicole Mitchell, 49, of Woodbury, was being held in the Becker County Jail on suspicion of first-degree burglary. Formal charges were still pending Monday afternoon, […]

4 hours ago

Associated Press

William Strickland, a longtime civil rights activist, scholar and friend of Malcom X, has died

BOSTON (AP) — William Strickland, a longtime civil rights activist and supporter of the Black Power movement who worked with Malcom X and other prominent leaders in the 1960s, has died. He was 87. Strickland, whose death April 10 was confirmed by a relative, first became active in civil rights as a high schooler in […]

5 hours ago

Associated Press

Insider Q&A: Trust and safety exec talks about AI and content moderation

Alex Popken was a longtime trust and safety executive at Twitter focusing on content moderation before leaving in 2023. She was the first employee there dedicated to moderating Twitter’s advertising business when she started in 2013. Now, she’s vice president of trust and safety at WebPurify, a content moderation service provider that works with businesses […]

6 hours ago

Going on 30 years, an education funding dispute returns to the North Carolina Supreme Court