Law & Courts

N.C. High Court Rules State Must Spend More on Schools

By Kathleen Kennedy Manzo — August 11, 2004 3 min read
  • Save to favorites
  • Print

The North Carolina Supreme Court has ruled that the state is not meeting its constitutional duty to provide a sound basic education for students in needy districts, affirming a lower-court decision in the state’s 10-year-old school finance lawsuit.

State leaders may be hard-pressed to remedy the situation, however. The July 30 decision came a week after the North Carolina legislature adjourned without approving the $22 million that the state board of education had requested to pay for a court-approved plan to help low-wealth districts.

That failure angered Wake County Superior Court Judge Howard E. Manning Jr., who called an emergency hearing on July 22 to press education officials on how they would meet the demands of his 2002 ruling in the case.

With the state facing a potential showdown with Judge Manning, Gov. Michael F. Easley, a Democrat, promised to come up with $12 million to jump-start the effort, in turn satisfying the judge for the time being. The developments are the latest in the case, which was first addressed by the supreme court in 1997 after the state sought to dismiss it. (“N.C. Court Targets Adequacy in Equity Ruling,” Aug. 6, 1997.)

‘We Win by Losing’

Despite the state’s defeat in the high court, state education officials last week praised the decision, while expressing frustration over the legislature’s failure to act.

“I personally believe we win by losing. ... It’s a good decision for kids,” said Michael E. Ward, who will step down as state schools chief at the end of this month. “The state needs to accept this decision, and some folks who haven’t gotten serious about vulnerable kids and struggling districts, particularly our legislature, need to step up.”

The lawsuit, which was brought by five of the state’s poorest rural districts in 1994, charged that North Carolina was not providing adequate educational resources for disadvantaged children. It then ended up in Judge Manning’s court. His 2002 ruling required the state to spend more to help school systems with high teacher turnover, high proportions of students living in poverty, and low student achievement. (“Do More for Needy Students, N.C. Court Orders,” April 10, 2002.)

Although state officials appealed the ruling to the supreme court, they also began planning ways to provide more support to the low-wealth districts.

The state board’s $22 million plan won praise from Judge Manning. The money was to be used to improve the recruitment and retention of qualified teachers and to deliver an effective instructional program.

The judge had also ordered the state to provide free prekindergarten to all of the state’s disadvantaged 4-year-olds, but the supreme court overturned that part of his ruling.

Two years ago, Gov. Easley signed an executive order that called for $54 million to pay for his prekindergarten program in response to Judge Manning’s criticism over what he said was the state’s inadequate effort to address his demands.

Observers said the supreme court’s decision last month would leave the legislature little choice but to allocate more money for disadvantaged schools when it returns in January. The state’s updated plan for complying with the lower court decision is expected to cost about $220 million in coming years.

“Judge Manning is really impatient, and it’s clear that he is looking for action,” said John N. Dornan, the executive director of the Public School Forum of North Carolina, a nonpartisan research group in Raleigh.

Other Options

Some lawmakers have suggested that other priorities, such as passing a $50 million class-size-reduction initiative, were more pressing.

“The feeling in the legislature was that most people supported [the money for disadvantaged districts], but we were having a very tight budget year ... and some folks didn’t see it as one of the priorities,” said Rep. Douglas Y. Yongue, a Democrat and one of the plaintiffs in the case, Hoke County Board of Education v. State of North Carolina.

Mr. Yongue, the chairman of the House education appropriations committee, said the supreme court ruling would increase the legislature’s sense of urgency on the matter.

The state board was scheduled to discuss the issue last week and how it would use the $12 million downpayment, and then report back to the court.

Mr. Ward said the state would have to scale back its original plan by helping 11 needy districts instead of the 16 that state officials had originally intended.

Judge Manning expects to hold more hearings with state officials to evaluate the plan.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice
Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP
Law & Courts Educators Sue Over ICE Activity on School Grounds and Nearby
The challenge targets the Trump administration's revocation of a policy that limited immigration enforcement at schools.
5 min read
A sign reading "Protect Neighbors" is posted near a bus stop as a school bus passes on Friday, Jan. 30, 2026, in Minneapolis.
A sign reading "Protect Neighbors" is posted near a bus stop in Minneapolis on Jan. 30, 2026. A lawsuit from two Minnesota school districts and the state's teachers' union says immigration agents have detained people and staged enforcement actions at or near schools, school bus stops, and daycare centers.
Kerem Yücel /Minnesota Public Radio via AP