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September 13, 2025

[1]www.publicschoolsfirstnc.org
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Where is Leandro?

Senior Associate Justice of the NC Supreme Court Anita Earls brought her
30+ years as a civil rights attorney and more than six years as a NC
Supreme Court justice to a discussion of the Leandro Case on Thursday
night.

The decades-old Leandro Case has been in the news recently because the NC
Supreme Court has gone more than 18 months without issuing a ruling from
oral arguments heard on February 22, 2024. Typically, the Court issues
rulings a few times each year, but the latest release date (August 22,
2025) passed without mention of Leandro. There are no other cases still
pending from February 2024.

Hoke County v. State of North Carolina was originally filed in 1994 by five
low-wealth school districts (Cumberland, Halifax, Hoke, Robeson, and Vance)
and families asserting that the state was not fulfilling its obligation to
fund public education. The case became known as the Leandro Case for one of
the named students from Hoke County (Robb Leandro).

The North Carolina State Constitution clearly addresses the right to public
education.

[7]Article 1, section 15: “The people have a right to the privilege of
education, and it is the duty of the State to guard and maintain that
right.”

[8]Article IX, section 2: “The General Assembly shall provide by taxation
and otherwise for a general and uniform system of free public schools,
which shall be maintained at least nine months in every year, and wherein
equal opportunities shall be provided for all students.”

But what does it mean to have a guarantee of a free public education? Does
the language in the state constitution also require some substance or level
of quality of that education? Or is it just enough to have a public school?
In other words, does the state have to provide some assurance of quality
and equal opportunity?

Leandro 1. In 1997, the Leandro Case was heard by the NC Supreme Court
(NCSC) which ruled in favor of the plaintiffs. The Court ruled unanimously
that there is an expectation of substance to the education required by the
constitution. The ruling stated that the North Carolina Constitution does
“guarantee to every child of this state an opportunity to receive a sound
basic public education in our public schools…” The NCSC defined a “sound
basic public education” for students as:

1) sufficient ability to read, write, and speak the English language and a
sufficient knowledge of fundamental mathematics and physical science to
enable the student to function in a complex and rapidly changing society;

2) sufficient knowledge of geography, history, and basic economic political
systems…etc.;

3) sufficient academic and vocational skills to…successfully engage in
post-secondary or vocational training; and

4) sufficient academic and vocational skills to…compete on an equal basis
with others in further formal education or gainful employment in
contemporary society.

The NCSC sent the case back to the Superior Courts to determine how to
evaluate whether the state had met the constitutional requirements. Judge
Manning was assigned to the case and in 2002 ruled that a constitutionally
compliant school district would have the following characteristics:
* A competent, certified, well-trained teacher who is teaching the
standard course of study in every classroom;
* A well-trained, competent principal with the leadership skills and
ability to hire and retain competent, certified and well-trained teachers
in every school; and
* The resources necessary to support the effective instructional program
in every school so that the educational needs of all children, including
at-risk children, to have an equal opportunity to obtain a sound basic
education, can be met.

Judge Manning also ruled that the state had not met these requirements and
ordered it to do so. The ruling was challenged and went before the NCSC
again.

Leandro II. In 2004, the NCSC affirmed Judge Manning's ruling and ordered
that a statewide remedy be developed and implemented. Note that the ruling
addressed all districts in the state—not just the original five.

Leandro III. In 2013, the Court heard arguments claiming that the State’s
cap on funding for pre-K education was unconstitutional. The State changed
the law to remove the caps, which resolved the issue.

Between 2004 - 2022, there were numerous trials and lower court rulings to
push the State to fulfill its constitutional obligations. Judge Manning
retired, and Judge Lee took over managing the case. He ordered the State to
hire outside experts (WestEd) to determine what steps were needed to remedy
the situation and come up with a plan. Their report was used by the State
to develop the [9]Leandro Comprehensive Remedial Plan, which contained
specific actions and funding requirements spanning eight years.

When the NCGA failed to allocate enough funds to address the requirements
of the Comprehensive Remedial Plan (CRP) in the 2021-23 Appropriations Act,
Judge Lee ordered the State (Office of State Budget and Management, State
Controller, etc.) to transfer the total amount of funds needed for years 2
and 3 of the CRP. Subsequent appeals landed the case before the NCSC
again.

Leandro IV. In November 2022, the NCSC affirmed the Superior Court ruling
that funds had to be appropriated and sent the case back to the Trial Court
to determine specific dollar amounts. The ruling included a [10]detailed
history of the case.

The 2022 elections changed the composition of the NCSC from a majority of
Democratic judges to a majority of Republican judges. The new court decided
to revisit the latest appeals to the Leandro IV ruling brought by
legislative leaders and the State Controller to halt the court-ordered
payments.

In March 2023, the NCSC ruled that lower court decisions to halt payments
(decided in appeals brought by legislative leaders and the State
Controller) could stand until the NCSC revisited the case despite there
being no new information that altered the facts of the case.

In her [11]dissent to the 2023 ruling Justice Anita Earls wrote:

“Unfortunately, we have waited much too long to see whether the State will
abide by its constitutional mandate to provide our children, including
at-risk children struggling in under-resourced schools, with a basic, sound
education. Thus far, at least twenty-eight classes of students “have
already passed through our state’s school system without benefit of
relief.” Leandro IV, 382 N.C. at 475. Not only is it true that justice
delayed is justice denied, but denying adequate educational opportunities
“entails enormous losses, both in dollars and in human potential, to the
State and its citizens.” Id. If our Court cannot or will not enforce state
constitutional rights, those rights do not exist, the constitution is not
worth the paper it is written on, and our oath as judicial officers to
uphold the constitution is a meaningless charade. For the reasons stated
herein, I dissent."

Oral arguments were held on February 22, 2024; we continue to wait.

Watch the [12]2022 oral arguments before the NCSC.

Watch the [13]2024 oral arguments.

Note that the amount of funding the NCGA has appropriated for private
school tuition vouchers through the 2029-30 school year ($5.3 billion) is
nearly the same as the original total funding requirements of the
Comprehensive Remedial Plan ($5.5 billion). The NCGA is currently working
on the budget for 2023-25. Lawmakers could shift funds to public schools
where tax dollars belong.

Read a [14]detailed history of Leandro.

Download a [15]free resolution template to customize and share with your
elected leaders (school board, county commissioners) in support of fully
funding our public schools.

[16]Watch the Leandro Webinar with Justice Earls

Student and School Safety--We Need to Do Better!

Gun violence came roaring back into the news this week highlighting once
again that we as a nation are moving in the wrong direction. Students at
[17]Evergreen High School in Colorado and [18]Utah Valley University were
terrorized by gun violence, adding to [19]45 other school shootings that
have taken place in 2025. Twenty four of the 47 were on college campuses
and 23 were on K-12 campuses.

North Carolina’s lawmakers made it easier to purchase and carry a concealed
handgun this year by passing SB 50 ([20]Freedom to Carry NC). The bill
removes the requirement for a permit (which requires a background check and
training) to carry a concealed weapon and lowers the legal purchasing age
to 18. It was vetoed by Governor Stein but the veto was overridden by
lawmakers.

But did you know that more than half of U.S. gun deaths are suicides?

According to the [21]PEW Research Center, gun suicides have increased in
recent years, but gun murders have fallen since 2021.

September is Suicide Awareness and Prevention Month. Below are a number of
resources to support both suicide awareness and gun safety.
* [22]NCDHHS Suicide Prevention Resources
* [23]NC S.A.F.E.
* [24]SAMHSA Suicide and Suicide Prevention Resources
* [25]Everytown for Gun Safety
* [26]Moms Demand Acton

Legislative and SBE Updates

There was no new legislative action this week. Lawmakers are scheduled to
return on Monday, September 22. Keep an eye on the [27]legislative calendar
for updates.

See our [28]Week in Review for a summary of legislation so far this session
and bills to watch.

Making NC Public Schools the Best: Enhance Parent, Caregiver and Community
Support

Pillar 3 of [29]Achieving Educational Excellence 2025-30 Strategic Plan for
North Carolina Public Schools is Enhance Parent, Caregiver and Community
Support

Study after study shows that students who have strong parent and/or
community support do far better than students who do not. Parents and
community also make a major difference in the life of the school itself,
creating the type of environment where students learn and grow.

Educators must be empowered to establish strong relationships with families
and view family and community stakeholders as true partners in
decision-making processes.

Pillar 3 includes three specific measures of success:
1. Establish a baseline and increase the number of schools and districts
that have developed and implemented comprehensive family engagement
policies and activities.
2. Establish a baseline and increase access to NCDPI parent and community
resources
3. Establish a baseline and increase the number of PSUs implementing
integrated support models that remove non-academic barriers and improve
student well-being and perceptions of school

To achieve these goals, the plan identities actions grouped into two focus
areas. Each focus area includes five actions and target completion dates.
Below are two of the five for each focus area:

Engage and empower families
* Conduct a comprehensive needs assessment of parent and community
resources at NCDPI (personnel, funds, training, instruments, current
activities, etc .) (March 2026)
* Promote collaboration and partner with Public School Units (PSUs) to
share best practices on effective communication between schools and
families. (June 2026)

Strengthen community partnerships
* Engage philanthropic and business communities to fund and support
research and adoption of innovative school models . (June 2026)
* Promote partnerships between PSUs and local community organizations to
provide support for families, especially in underserved areas . (January
2027)

Superintendent Green is traveling around the state to share the plan and
engage stakeholders. Find locations and times at the [30]NCDPI website
(scroll down the page to Regional Tour).
* Northeast - Thursday, September 25, 2025
* Southeast - Friday, September 26, 2025
* Sandhills - Monday, September 29, 2025
* Piedmont-Triad - Thursday, October 16, 2025
* Southwest - Monday, October 20, 2025
* Northwest - Wednesday, October 22, 2025
* Western -Thursday, October 23, 2025
* North Central - Wednesday, October 29, 2025

Upcoming Webinar with Superintendent Mo Green!

Achieving Educational Excellence: A Conversation with Superintendent Mo
Green

Wednesday, September 17, 2025 7 to 8:30 p.m.

Join NC PTA and Public Schools First NC for a conversation with Mo Green,
NC Superintendent of Public Instruction, about the new strategic plan:
Achieving Educational Excellence developed by the NC Dept. of Public
Instruction and the State Board of Education. This five-year plan aims to
position NC's public schools as the best in the US by 2030. Superintendent
Green will discuss details of this exciting plan and the next steps.

[31]REGISTER HERE

Hispanic Heritage Month: September 15 - October 15

September 15 is the beginning of [32]Hispanic Heritage Month. The
celebration (week) was first signed into law in 1968 by President Johnson
to recognize the many contributions to U.S. history made by Hispanic
communities. The week was extended to a month in 1988 by President Reagan.

Hispanic Heritage Month spans part of September and October to capture the
independence days of countries including Costa Rica, El Salvador,
Guatemala, Mexico, and Nicaragua.

In Case You Missed It

[33]Stein orders COVID-19 vaccines available without a prescription in
North Carolina

[34]North Carolina Teacher Recognized as 2025 National History Teacher of
the Year

[35]NC education leaders want to change how schools are graded. What
analysts say is needed

[36]CMS superintendent speaks out against Opportunity Scholarships

[37]Why some NC teachers are considering private school jobs

[38]Trump administration axes federal Blue Ribbon program that recognized
high-achieving schools

New Fact Sheet: NC Ed. at a Glance

Check out our new fact sheet to learn key information about North Carolina
education. It includes recent data from NCDPI on student performance and
graduation rates as well as data on charter schools, private schools, and
vouchers.

[39]Read NC Ed. at a Glance

Request A Speaker!

Need a speaker for your next event or group meeting? PSFNC welcomes the
opportunity to speak to your group or organization on public
education-related topics.

We offer our programs virtually to improve accessibility and attendance and
therefore extend your reach. Our services are free of charge but may
require travel-related expenses if the program is in-person.

Email us at [email protected] for more information.

Words to Remember

"No demonstration of our unacceptable treatment of poor children could be
more pointed, chronic and pervasive than that exposed by the state’s famous
Leandro school case."

— Gene Nichol & Heather Hunt, The Persistent and Pervasive Challenge of
Child Poverty and Hunger in North Carolina

Help us support public schools!

Public Schools First NC is a statewide nonpartisan, 501(c)(3) nonprofit
focused solely

on pre-K to 12 public education issues. We collaborate with parents,
teachers, business and civic leaders, and communities across North Carolina
to advocate for one unified system of public education that prepares each
child for productive citizenship.

[40]DONATE HERE

[41]www.publicschoolsfirstnc.org

Questions? Contact us today at [email protected]

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