NORTH CAROLINA

Constitutional Clause/Language

"The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right." N.C. Const. art. I, s. 15.

Major Court Decision: Leandro v. State of North Carolina, 488 S.E.2d 249 (N.C. 1997).

Result: Recognition of the right to a sound basic education, but remanded to trial court to determine if right has been violated.

Summary: The North Carolina Supreme Court held that every child in the state is entitled to a sound basic education, which includes several specific learning outcomes.  This does not mean that all students must be provided with the same amount of resources, but they must be provided with resources necessary to receive a sound basic education.

Key Quotes:

“... Conclude that the right to education provided in the state constitution is a right to a sound basic education. An education that does not serve the purpose of preparing students to participate and compete in the society in which they live and work is devoid of substance and is constitutionally inadequate.”

“We conclude that Article I, Section 15 and Article IX, Section 2 of the North Carolina Constitution combine to guarantee every child of this state an opportunity to receive a sound basic education in our public schools. For purposes of our Constitution, a "sound basic education" is one that will provide the student with at least:

(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 fundamental knowledge of geography, history, and basic economic and political systems to enable the student to make informed choices with regard to issues that affect the student personally or affect the student's community, state, and nation;

(3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or vocational training; and

(4) sufficient academic and vocational skills to enable the student to compete on an equal basis with others in further formal education or gainful employment in contemporary society.” Id. at 255.

“Although we have concluded that the North Carolina Constitution requires that access to a sound basic education be provided equally in every school district, we are convinced that the equal opportunities clause of Article IX, Section 2(1) does not require substantially equal funding or educational advantages in all school districts.”

“... We conclude that Article IX, Section 2(1) of the North Carolina Constitution requires that all children have the opportunity for a sound basic education, but it does not require that equal educational opportunities be afforded students in all of the school districts of the state. The Court of Appeals did not err in reversing the order of the trial court to the extent that order denied defendants' motion to dismiss this claim for relief.”  Id. at 256.

“If on remand of this case to the trial court, that court makes findings and conclusions from competent evidence to the effect that defendants in this case are denying children of the state a sound basic education, a denial of a fundamental right will have been established. It will then become incumbent upon defendants to establish that their actions denying this fundamental right are "necessary to promote a compelling governmental interest."  Id. at 261.