leandro v state of north carolina oyez

After a hearing, Judge Braswell denied defendants' motion to dismiss. Plaintiffs originally brought this action in Halifax County. The Court of Appeals erred in concluding otherwise. These are sufficient allegations to state a claim and, if proven true, would entitle plaintiffs to relief. N.C. Const. It will then become incumbent upon defendants to establish that their actions denying this fundamental right are "necessary to promote a compelling governmental interest." Therefore, they may not be treated as absolutely authoritative on this issue. by Ann Hubbard, Chapel Hill; and Debra K. Ross, Legal Director, Raleigh, on behalf of the American Civil Liberties Union of North Carolina, amicus curiae. Marvin K. Dorman, Jr. and Robert L. Powell, N.C. Off. See Maready v. City of Winston-Salem, 342 N.C. 708, 716, 467 S.E.2d 615, 620 (1996) ("It is the duty of this Court to ascertain and declare the intent *254 of the framers of the Constitution and to reject any act in conflict therewith."). *263 Indeed, in regard to education, our Constitution displays a deep concern for "`ensur[ing] every child a fair and full opportunity to reach his full potential.'" at 288, 357 S.E.2d at 435-36. I dissent from the portion of the majority opinion that holds that the alleged disparity in the educational opportunities offered by different school districts in this state does not violate Article IX, Section 2(1) of the North Carolina Constitution. This justification is based on the notion that identical funding and programs are unattainable. Plaintiff-intervenors complain that the current funding system does not take into consideration the amount of money required to educate particular students with special needs. Leandro, 122 N.C.App. art. Town of Saluda v. Polk County, 207 N.C. 180, 183, 176 S.E. 545, 615 N.E.2d 516 (1993); Tennessee Small Sch. The issue here, however, is plaintiffs' contention that North Carolina's system of school funding, based in part on funding by the county in which the district is located, necessarily denies the students in plaintiffs' relatively poor school districts educational opportunities equal to those available in relatively wealthy districts and thereby violates the equal opportunities clause of Article IX, Section 2(1). They allege that because urban counties have high levels of poverty, homelessness, crime, unmet health care needs, and unemployment which drain their fiscal resources, they cannot allocate as large a portion of their local tax revenues to public education as can the more rural poor districts. at 11, 468 S.E.2d at 550. Plaintiffs contend that such inequalities arise from great variations in per-pupil expenditures from district to district. North Carolina Education and Law Project by Gregory C. Malhoit, Carlene McNulty and Stephon J. Bowens, Raleigh; and Legal Services of North Carolina by Deborah M. Weissman and John Vail, Raleigh, amici curiae. of 1877, art. denied, 432 U.S. 907, 97 S. Ct. 2951, 53 L. Ed. Id.

It must be recognized, however, that the value of standardized tests is the subject of much debate. Assembly, Selected Economic Revenue and Budget Data (Feb. 11, 1997). Plaintiffs and plaintiff-intervenors make somewhat different arguments in support of their purported rights to equal educational opportunities. The majority also advances the rationale that plaintiffs' argument for equal educational programs and resources is not practical. Sys. The petition was allowed, and the matter was heard 24 January 1996 in the Court of Appeals.
v. McWherter, 851 S.W.2d 139. Defendants, in their brief, contend that the phrase was adopted for the sole purpose of addressing racial segregation. Apr 21, 2014. Dec 15, 2014. In arguing the phrase applies only to racial issues, the Britt court essentially violated a rule of statutory interpretation: "`[W]here the meaning is clear from the words used,'" courts should not search for a meaning elsewhere but rather should give meaning to the plain language of the constitution. It based its holding on a single sentence from this Court's opinion in Sneed v. Greensboro City Bd. Although the majority opinion acknowledges the 1970 constitutional amendment to Article IX, Section 2(1) that added the phrase "wherein equal opportunities shall be provided for all students," the majority apparently gives no significance to its meaning.

Everett, Gaskins, Hancock & Stevens by William G. Hancock, Hugh Stevens and Jeffrey B. Parsons, Raleigh, on behalf of the North Carolina Low Wealth Schools Funding and Equalization Consortium and Education: Everybody's Business Coalition, amicus curiae. Subscribe to Justia's Free Summaries Plaintiffs also point to several less obvious disparities: lack of sewer connections and problematic waste water disposal, leaking roofs that cause extensive damage and sometimes require classrooms to be closed during heavy rains, and lighting systems and acoustics that are often poor and inadequate. When reduced to its essence, however, this argument by plaintiff-intervenors is merely repetitious of their previous argument that the state must provide all of its children with the opportunity to receive a sound basic education. VII, § 1. *264 The notion of substantial equality in educational opportunities for all students is not a novel concept. To conclude otherwise would create arbitrary boundaries on educational opportunities based on geographical lines and local funding circumstances. Here again, plaintiffs are complaining of the disparities resulting from the local supplements going to the wealthier districts as expressly authorized by Article IX, Section 2(2). Id. Instead, those statutes, at most, reiterate the constitutional requirement that every child in the state have equal access to a sound basic education. v. Beaufort County , 681 S.E.2d 278 ( 2009 ), Stephenson v. Bartlett , 355 N.C. 354 ( 2002 ), Hardy v. Beaufort County Bd. In recent years, North Carolina public schools have experienced reductions in education funding, which, in turn, have triggered cuts in essential resources, including teachers, support staff and programs, especially in schools serving high concentrations of low-income students and students at risk of academic failure. 30, at 58 (1993) (citing 1991-92 fiscal year statistics). N.C. Const. 291, 297 (1905)). In evaluating plaintiffs' claim under Rule 12(b)(6), the facts alleged are to be taken as true, Embree Const. 349, 392-93 (1990) (arguing that changes in Connecticut schools after successful litigation had failed to improve student performance); Note, Unfulfilled Promises: School Finance Remedies and State Courts, 104 Harv.L.Rev. Hunt, Jr., on 24 June 1997, will require additional large appropriations to the primary and secondary schools of the state. Id. Everett, Gaskins, Hancock & Stevens by William G. Hancock, Hugh Stevens and Jeffrey B. Parsons, Raleigh, on behalf of the North Carolina Low Wealth Schools Funding and Equalization Consortium and Education: Everybody's Business Coalition, amicus curiae. However, a funding system that distributed state funds to the districts in an arbitrary and capricious manner unrelated to such educational objectives simply would not be a valid exercise of that constitutional authority and could result in a denial of equal protection or due process. Substantial problems have been experienced in those states in which the courts have held that the state constitution guaranteed the right to a sound basic education. 3d 728, 761, 557 P.2d 929, 948, 135 Cal. of Educ., 86 N.C.App. Therefore, the equality plaintiffs seek is not necessarily absolute and identical but, rather, is substantial equality. However, the majority also views the role of local government as somehow reducing or eliminating the state's ultimate responsibility for funding our public schools. For capital outlay expenditures, the allocation was as follows: state funds (9%), local funds (90%), and federal funds (1%). N.C. Const. Group, Inc. v. Rafcor, Inc., 330 N.C. 487, 490, 411 S.E.2d 916, 919-20 (1992), and a complaint should not be dismissed "unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim," Sutton v. Duke, 277 N.C. 94, 103, 176 S.E.2d 161, 166 (1970). Plaintiffs allege that this relative inability to hire teachers causes the number of students per teacher to be higher in their poor districts than in wealthy districts.

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