Leandro v. State of North Carolina
Announcing a BIG WIN for children!
On November 4, 2022, the North Carolina Supreme Court once again affirmed the right of every child to a sound basic education and called for funding to be released to support the constitutional standard.
“For twenty-five years, the judiciary has deferred to the executive and legislative branches to implement a comprehensive solution … Today, that deference expires.
[T]his Court … can no longer patiently wait for the day, year, or decade when the State gets around to acting on its constitutional duty ‘to guard and maintain’ the constitutional rights of North Carolina schoolchildren.”
“… our Constitution’s Declarations of Rights is neither aspirational nor advisory; it is a mandate.”
Justice Robin Hudson, North Carolina Supreme Court
11-4-2022
Events leading up the most recent Supreme Court ruling:
In June 2021, the North Carolina Superior Court ordered the state to comply with the Comprehensive Remedial Plan submitted for Leandro v. State.
The state legislature did not provide enough funding for the plan, prompting Judge Lee to order state finance officials to move the appropriate funds toward public education in November 2021.
Later that month, the action was challenged and the North Carolina Court of Appeals blocked Judge Lee’s order.
The plaintiffs asked for a review of the appellate decision and the case was heard before the North Carolina Supreme Court on August 31st, 2022.
The North Carolina Supreme Court decision – November 4, 2022
The court’s opinion stated that it had waited on the sidelines for decades for the constitutional violation to be remedied by the legislative and executive branches, to no avail.
The court stated that if no action was taken, it would represent a failing to uphold its own constitutional obligation to oversee the other branches. To that end, the court stated it would exercise “its inherent authority to realize the constitutional right of North Carolina children to the opportunity to a sound basic education.”
The court ordered state officials to comply with the previous directive from the lower court (from November 10, 2021), calling for transfer of funds necessary to fully support the policies of the Comprehensive Remedial Plan (The Leandro Plan).
For the next step, the case will go back to the trial court for the purpose of determining how much additional funding is needed to comply with the Leandro Plan, based on what’s already been supplied in the 2022 public education budget.
Why is the Leandro Plan needed?
Leandro v. State of North Carolina
The North Carolina Supreme Court decision affirms:
A sound basic education is the constitutional right of every child.
North Carolina has been failing to meet students’ basic needs.
The state constitution guarantees that all North Carolina children have access to a sound, basic education.
However, since the Leandro v. State of North Carolina case was filed in 1994, the courts have consistently found that far too few students are receiving an education that meets the state’s minimum standard.
“THOUSANDS OF STUDENTS
are NOT being prepared for full participation…
in the society in which they will live, work, and engage as citizens.”
Judge W. David Lee, North Carolina Superior Court, Leandro v. State
Children throughout North Carolina lack access to:
well-qualified educators and principals
adequate facilities, technology, and materials
pre-K and other birth-to-age 5 programs and interventions
school nurses, counselors, psychologists, and social workers
literacy and language instruction specialists
academically gifted and advanced placement courses
clubs, extra-curricular programs, and after school care
career training and college credit for high school courses
What’s in the Leandro Plan?
The plan provides a detailed roadmap of education policy for lawmakers to follow.
The Leandro Comprehensive Remedial Plan (Leandro Plan) was ordered by the court as a resolution for Leandro v. State to ensure every child has access to a sound basic education by 2028.
The Leandro Plan:
eliminates the inequity and funding deficiencies that prevent students from getting the services and opportunities they’re owed.
is based on extensive research by the country’s leading nonpartisan education experts.
represents the bare minimum for upholding the education rights of North Carolina children.
“THE [LEANDRO] RECOMMENDATIONS
are not a “menu” of options, but a comprehensive set of fiscal, programmatic, and strategic steps necessary to achieve the outcomes for students required by our State Constitution.”
Judge W. David Lee, 6-7-2021
The Leandro Plan addresses the critical needs of the North Carolina public school system:
Provides qualified and diverse teachers and principals in every school who are supported with training and professional development.
Provides a school funding system that’s adequate and equitable, with schools with the greatest need receiving extra support.
Reduces schools’ narrow focus on standardized tests by lowering the stakes and overhauling discriminatory accountability practices.
Invests in high-quality early education (birth to age 5) programs, such as early intervention, prekindergarten, and affordable daycare.
Strengthens pathways from high school to college and career by providing more relevant experience and training.
Who is responsible for the Leandro Plan?
The North Carolina General Assembly makes the policy and budget decisions for North Carolina public schools.
Our state legislators have taken an oath to uphold the state constitution, which includes providing for free public schools and maintaining the educational standard.
The Leandro Plan is NOT optional.
Schools can’t provide what our children need without fair policy and adequate funding.
Luckily, we can afford it since North Carolina has $ BILLIONS in unused revenue.
Right now, the state has unprecedented resource availability that will allow FULL funding of the Leandro Plan’s initial years.
For the sake of North Carolina’s future, we can’t afford to deny our children their most basic rights.
RESOURCES:
How Leandro affects local education budgets
Leandro v. State of North Carolina
Help educate your community about the Leandro Plan
Share our informational flyer that conveys the importance of the Leandro Plan in providing for North Carolina students.
Overview of the Leandro Plan.
Communities for the Education of Every Child NC
Comunidades para la Educación de Cada Niño NC
We are a community-led, statewide coalition of organizations, parents, teachers, and students who advocate for every child’s constitutional right to a sound basic education.