Leandro | North Carolina Supreme Court overturns 2022 school funding ruling, says judges can’t order state spending

RALEIGH, N.C. (WTVD) — The North Carolina Supreme Court on Thursday overturned the decades-old Leandro school funding lawsuit, a decision that could reshape how public schools may be funded across the state.

The ruling was based on procedural grounds and did not address whether North Carolina is meeting its constitutional requirement to provide every child with a sound, basic education. In a 4-3 decision, justices said courts do not have the authority to order the legislature to spend state funds on education, overturning more than 30 years of precedent.

“As this litigation comes to a close, a few weeks shy of its thirty-second anniversary, we are reminded of these principles from our prior cases: In our constitution, the people established a tripartite system of government,” Chief Justice Paul Newby wrote for the majority. “In doing so, the people did not vest the judicial branch with the power to resolve policy disputes between the other branches of government or to set education policy.”

The Leandro case first held that courts could require the state to release funds to ensure equitable education in public schools. The decision had been upheld as recently as 2022 by a Democratic-controlled court before Thursday’s reversal.

Reactions from lawmakers and education leaders were generally split along party lines.

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Keith Poston, president of the WakeEd Partnership, said the outcome was expected but discouraging.

“For us, it’s incredibly disappointing. At the same time, incredibly predictable,” Poston said.

Poston said the lawsuit has long centered on a core constitutional question.

“It has been really about whether the state is meeting what, to most neutral observers, is its constitutional obligation in the state to provide a sound, basic education for all students in North Carolina,” he said.

Tamika Walker Kelly, president of the North Carolina Association of Educators, criticized the court’s reasoning and its impact.

“What the court tries to pass off as a legal technicality is, instead, a moral failure. The people paying the price for our leaders’ failure are not abstractions,” Kelly said.

Republican lawmakers praised the decision, saying it reinforces the legislature’s authority over spending. A spokesperson for House Speaker Destin Hall said House Republicans remain committed to investing in public education.

Republican House Speaker Destin Hall said the ruling was in line with the state constitution, which requires education-funding decisions to be left to lawmakers and not the courts.

“Today’s decision rightly recognizes the constitutional role of the North Carolina General Assembly, since the state Constitution entrusts sole appropriations authority to the legislature,” said Demi Dowdy, a spokesperson for Hall. “House Republicans remain committed to investing in public education, including through our budget proposal to raise starting teacher pay to $50,000 and provide 8.7% average raises to our public school teachers.”

In a statement posted on X, formerly known as Twitter, the North Carolina Republican Party welcomed the ruling.

“Today’s decision confirms our belief that the General Assembly holds the exclusive power to appropriate funds,” the party said.

Senate Leader Phil Berger, R-Rockingham, said the decision reinforced that the state is on the right path.

“For decades, liberal education special interests have improperly tried to hijack North Carolina’s constitutional funding process in order to impose their policy preferences via judicial fiat,” Berger said. “Today’s decision confirms that the proper pathway for policymaking is the legislative process.

“Since 2011, the Republican-led General Assembly has worked to ensure that our state’s schools prioritize student outcomes that prepare the next generation for life outside academia,” Berger added. “In doing so, we’ve reformed how core subjects are taught, substantially increased funding, and created pathways for all students to attend a school that best meets their needs.”

North Carolina Democratic Party Chair Anderson Clayton condemned the decision and accused Republican leaders of harming students.

“Today, our State Supreme Court betrayed North Carolina’s children by deciding that ZIP Codes should determine the quality of their schooling and their potential for success. For thirty years, Republican leaders have dragged their feet and robbed a generation of students of their constitutional right to a fair and equitable basic education in our state,” Clayton said.

Gov. Josh Stein said the court broke from its own precedent and warned of long-term consequences.

“Education opens doors of opportunity for children, but today the Court slammed them in the face of students,” Stein said. “The Supreme Court simply ignored its own established precedent, enabling the General Assembly to continue to deprive another generation of North Carolina students of the education promised by our Constitution. In recent years, the General Assembly has dropped North Carolina to 49th in the country in per-pupil investment and made our teachers among the worst paid in the nation. Four Supreme Court justices believe that is OK, but they are wrong.”

Education advocates said responsibility now rests entirely with elected leaders.

“I think we’re going to have to look at our state leaders, our governor, our General Assembly, our House and Senate, and really put the pressure toward them to make sure that they’re adequately funding our schools,” Poston said.

The court dismissed the case with prejudice, meaning it cannot be reheard in its current form.

Advocates said they expect public school funding to be a major issue for voters in November’s midterm elections.

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