North Carolina Plaintiffs Win Major Victory,
Supreme Court Affirms Order Holding State Accountable

On July 30, 2004 the North Carolina Supreme Court affirmed a trial court ruling that found the state is violating its constitutional duty to provide the opportunity for a sound basic education to its students in poor rural counties. In Hoke County Board of Education v. State, the court also affirmed the lower court's remedial order requiring the state to reassess its education-related allocations and correct all deficiencies that prevent the schools from offering their students the constitutionally guaranteed opportunity.

The court concluded that students in a representative poor rural county were failing at alarming rates and that it was necessary to "hold the State accountable" for the many programs and services not provided to these students. The court stated that, "The children of North Carolina are our state's most valuable renewable resource," and emphasized the duty of the state's courts to act to prevent further harm to students.

Teachers, Principals, and Effective Instructional Programs
The supreme court praised the trial court's "balance" while affirming its conclusion that "the State's method of funding . . . did not comply with [the constitutional] mandate of ensuring that all children of the state be provided with the opportunity for a sound basic education." The court described the trial court's remedial order as leaving the "nuts and bolts" to the other branches of government and providing general guidelines, then affirmed the order that

"as the State reassesses its . . . educational obligations, it must structure its proposed solutions to ensure there are competent teachers in classrooms, competent principals in schoolhouses, and adequate resources to sustain instructional and support programs that will aid the . . . schoolchildren to gain their opportunity to obtain a [constitutionally acceptable] education."

The court also noted the trial court's "admirable restraint" by refusing to step in and direct the "nuts and bolts" of the reassessment effort.

Leaders' Reactions Positive
As reported by the Associated Press, the governor and state superintendent of public instruction praised the ruling, pledging to "build the best educational system in America."

Plaintiffs' attorney, Robert Spearman, said the decision "is a great one, both for our State's schoolchildren and for the State itself." He also thanked "the determined parents, children and the public school and governmental leadership of those low-wealth counties who have borne the main burden of this ten-year battle in the courts. Without their perseverance, this case could never have been won."

Definition of a Sound Basic Education
Earlier, in a 1997 decision, the North Carolina Supreme Court had defined a sound basic education to include a high school diploma and success in "post-secondary education or vocational training." A sound basic education also "provides students with at least: (1) sufficient knowledge of fundamental mathematics and physical science to enable the student to function in a complex and rapidly changing society; (2) sufficient fundamental knowledge of geography, history, and basic economic and political systems to enable the student to make informed choices with regard to issues that affect the student personally or affect the student's community, state, and nation; and (3) sufficient academic and vocational skills to enable the student to compete on an equal basis with others in formal education or gainful employment in contemporary society.

Aspects of State's Education System Found Constitutional
The supreme court affirmed trial court conclusions -- based on extensive examination of the state's "educational delivery system" -- that the state curriculum, teacher certification, funding allocation, and accountability standards met constitutional requirements. It also affirmed the lower-court's holding that grade-level achievement is the proper standard for judging the state's compliance with constitutional standards, although the state had argued that below grade level was the proper standard.

Preschool
The only part of the trial court's remedial order that the supreme court reversed was an order to provide preschool for "at-risk" children. Although the supreme court agreed that the evidence at trial clearly supported findings that poor students start school behind and that preschool may be the best and most cost-effective way of addressing this problem, the court cited the North Carolina Constitution, which places the determination of the proper age for schoolchildren in the hands of the General Assembly. Thus far, the General Assembly has reached down to five years of age only. The court also pointed out that the state has already begun to establish preschools.

Latest of Six Recent Decisions
This North Carolina ruling is the sixth school funding decision in the last two years, all decided in favor of plaintiffs. Sadly, the evidence in these adequacy cases is often shocking, as it reveals missing resources, gross under-funding by states, and harm to the children who are denied an education and to the larger community. This type of evidence has been compelling to most state courts.

Prepared by Molly A. Hunter, August 13, 2004.