Editorial: Obey the law. Fully fund court-ordered quality education program

CBC Editorial: Tuesday, March 29, 2022; Editorial #8748
The following is the opinion of Capitol Broadcasting Company

It remains quizzical, at best, as to why Republican state Supreme Court Chief Justice Paul Newby felt compelled to replace Judge David Lee – also appointed by a previous Republican chief justice – to oversee implementation of the state’s Constitutional guarantee to provide every child with access to a quality education.

But the new judge, state business court Judge Michael Robinson, has a simple assignment issued last week from the state Supreme Court.

FIRST: “Determine what effect, if any, the enactment of the State budget has upon the nature and extent of relief that the trial court granted in its 11 November 2021 order.”

THEN: “Make any necessary findings of fact and conclusion of law and to certify any amended order that it chooses.”

Simple enough. It is well established law of the land as determined by North Carolina’s courts that the executive and legislative branches are not obeying the clearly stated law in our state Constitution concerning every child’s right to a quality education.

It is well established, in the deliberative way our courts work, as to what needs to be done to obey the law as enumerated in the court ordered comprehensive remedial plan. And the court order, actually dated Nov. 10, 2021, requires the state to spend $1.7 billion for the implementation of the first two years of the eight-year $5.6 billion action plan.

There is no mystery about what the plan calls for or its cost. It doesn’t take much more than a pocket calculator to go through the budget the General Assembly passed to determine which items from the order are in the budget and which were left out.

“Despite historic levels of state and federal spending in the new budget,” said one news account when the budget was enacted late last November, “state leaders have still fallen short of the spending needed to fulfill the court-ordered remedial plan.” The new account goes on:” Even with a state surplus of around $8 billion, more than four times the sum needed, lawmakers still didn’t meet the target.”

The leaders of the General Assembly confessed the budget spends “$933 million over the biennium, well short of the $1.7 billion ordered.” An analysis of the budget by the Public School Forum of North Carolina says “this budget provides roughly half of what is called for in the Leandro plan for the next two years.

Those who are looking to subvert the state’s obligation to our children and public schools want to get the judge bogged down in miniscule details of state budgets and spending – such as how a check gets written. More significantly, they want him to review the state budget to see if it includes “alternative means to providing a sound basic education.” It is not only about a “sound” basic education. It is about the promise of a “quality” basic education.

Judge Robinson has three tasks. He cannot allow for diversions or distractions.

First, how much did the General Assembly short the children of North Carolina by failing to fully fund the program the court ordered.

Second, how much money is available in the state treasury now to fully fund the court order. Estimates on unobligated funds range from $4.3 billion to as much as $8 billion.

Third, compel those state agencies to spend the money required to fully implement the plan.

It is respect for the courts and upholding law and order.