Charlotte NAACP steps into the fray with Leandro lawsuit

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Charlotte-Mecklenburg NAACP President Corine Mack wants the majority-Republican North Carolina Supreme Court to uphold the November 2022 decision by the previous Democratic-leaning court that determined the state provide more funding for K-12 schools.

The Charlotte-Mecklenburg NAACP is asking the North Carolina Supreme Court to uphold mandated funding equity for the state’s public schools.

The Lawyers’ Committee for Civil Rights Under Law last week filed a response on behalf of the Charlotte-Mecklenburg NAACP, students and families to dismiss a motion by North Carolina House Speaker Tim Moore and Senate President Phil Berger and the state Controller Nels Roseland to drop the Nov. 4, 2022 Leandro v. North Carolina case. The state filed motions to reinstate a previous order from the state Court of Appeals to prevent the transfer of funds to low-wealth schools.  

“We are deeply disturbed and terribly upset with the latest shenanigans by Controller Nels Roseland, Speaker Timothy Moore, and Senator Philip Berger,” Charlotte-Mecklenburg NAACP branch President Corine Mack said in a statement. “For generations, we have been fighting for equal and equitable education and opportunities here in North Carolina. After we were finally able to obtain that hard-fought victory through a system that is supposed to be fair and just, defendants are now seeking to snatch that victory from our school children and families. But we will not stand down.”  

Moore, Berger and Roseland, representing the state, petitioned the court to rehear and delay enforcement of the Supreme Court’s affirmation of the constitutionality of a court order that requires the transfer of funds to support a court-approved remedial plan. The plaintiffs contend the state failed to file a motion for rehearing and the deadline has passed and the motions lack merit.  

“North Carolina is better than the actions of the few who have shown themselves to be biased, conniving and hateful,” Mack said. “We will fight against these motions tooth-and-nail and any other efforts to undermine access to an equitable and quality education. Our children and our state deserve no less. We love the children of North Carolina. Love is a word of action and will continue to be the frontline for justice.”

In 1997, the state Supreme Court held that the North Carolina’s constitution requires the legislative and executive branches to ensure every child receive a “sound, basic education.” In 2004, the court affirmed a trial court ruling that held the state violated the students’ right, but the state has been slow to respond with appropriate funding.
In 2021, the trial court approved a remedial plan presented by the N.C. Supreme Court and ordered the state to fund it.

The case was remanded to Wake Superior Court to enforce the funding transfer order starting with a status conference on March 10.  

“The state has repeatedly failed to meet its constitutional requirement to provide a sound, basic education to every student, especially its long-neglected historically marginalized students of color,” said David Hinojosa, lead counsel of the Lawyers’ Committee for Plaintiff-Intervenors. “The Supreme Court recently admonished the General Assembly’s leadership for its recalcitrant behavior, yet they still persist, hoping that the newly configured Supreme Court will bite. Neither the state constitution nor precedent allow for such willful defiance. The state must immediately transfer critical education funds to schools as required by law.”

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