CHARLOTTE, N.C. — Billions of dollars for North Carolina public schools are on the line with the latest rehearing of the Leandro Case.
The case was first filed nearly 30 years ago and found the state needs to dramatically increase funding for public schools to ensure all children have access to a basic education. According to court documents, the State Supreme Court has taken the case up four times since it was first filed.
The decision to increase school funding statewide was most recently reaffirmed in 2022 with a comprehensive plan to transfer $5 billion to school districts through 2028.
However, that money is on hold. The case is being reconsidered again at the request of the Republican leaders of the state legislature.
An attorney representing Senate President Phil Berger and House Speaker Tim Moore argued in a February hearing that the courts do not have jurisdiction to order the state to give money to every school district in the state when the original Leandro Case only included five districts in the lawsuit.
In other words, they argue the only school districts that should get money from the case are the ones listed in the lawsuit.
“The trial court had no jurisdiction to issue those orders and thus all of those orders should be overturned," Matthew Tilley argued to the Supreme Court justices.
The reconsideration of the case is disappointing to education advocates like former CMS school board member Jennifer De La Jara.
“North Carolina is currently ranked 49th in the nation for public school investment," De La Jara told WCNC Charlotte.
De La Jara is worried lawmakers are trying to prevent public schools from being funded as a political move to bolster private schools.
"It's a move towards privatization," De La Jara claimed. "You create legislation that cripples an institution, you get everyone upset with it, where they're not receiving the services that our community deserves, and then you call to privatize it."
Matthew Ellinwood with the North Carolina Justice Center said the Supreme Court’s decision to reconsider the case is unusual.
"Usually, there's a degree of finality you get when you go to a state Supreme Court, and certainly they value their own precedents and tend to not overrule them," Ellinwood explained.
Berger and Moore challenged the Leandro Case ruling after the Supreme Court secured a Republican majority.
"Is it just politics by another name, or is it actually an institution that's designed to uphold your rights regardless of who sits in those seats," Ellinwood questioned.
Plus, Berger’s son, Phil Berger Junior, is a Supreme Court justice. "I think there's a direct conflict of interest," De La Jara added.
Justice Berger asked his colleagues on the Supreme Court to decide whether he should recuse himself from the case. They voted no, saying the lawsuit involves Berger’s father as a government official and not an individual. The opinion cited a 2022 case that asked Justice Berger to recuse himself but the justices voted no then as well.
The Supreme Court’s decision on whether money can be released to all school districts could come as early as March 22. However, Ellinwood predicts it could take longer.
Contact Julia Kauffman at jkauffman@wcnc.com and follow her on Facebook, X and Instagram.