NC school boards group filing complaint over longstanding lawsuit against state

The North Carolina School Boards Association and "many school districts" plan to file a complaint next Wednesday in a longstanding lawsuit against the state, the group announced Thursday.

The state has failed to comply with a court order to pay nearly $750 million for North Carolina public schools, the group said.

According to NCSBA:

"The NC Supreme Court ruled that the State Constitution entitles the public schools to civil penalties collected by various state agencies. The NC legislature declared in 1997 that those funds should be used exclusively for technology.

"The courts determined that civil penalties collected by state agencies between 1996 and 2005 were diverted to other purposes in violation of the Constitution. A 2008 judgment against the defendants totaled nearly $750 million. The court noted at the time that 'the ultimate responsibility for the satisfaction of this judgment will depend on the manner in which the General Assembly discharges its constitutional duties.'

"Fast forward to 2018 – the legislature and defendants have still not fulfilled their constitutional obligation to provide funding to make up for the vast majority of funds that were diverted.

"The plaintiffs are seeking a win/win and remain willing and eager to work with the legislature and defendants to reach a mutually beneficial resolution."

NCSBA plans to release more details about the new complaint, the lawsuit and its impact on North Carolina’s public schools at a news conference at George Watts Elementary at 10 a.m. on Wednesday, Aug. 1.