(The Center Square) – The North Carolina Court of Appeals has blocked a lower court’s order that required the state to increase education funding by $1.7 billion.

Superior Court Judge David Lee entered a court order Nov. 10 that directed North Carolina to use unallocated money to fund the first two years of a court-ordered action plan within 30 days.

The Court of Appeals ruled Tuesday the order oversteps the Legislature’s power and has temporarily delayed it.

“Simply put, [Lee’s] conclusion that it may order petitioner to pay unappropriated funds from the State Treasury is constitutionally impermissible and beyond the power of the trial court,” the Court of Appeals said.

In Leandro v. the State of North Carolina, plaintiffs claimed poor school districts were not receiving the same educational resources as wealthy school districts. They argued the state was not doing what it took to ensure it met its constitutional obligation. The court ruled in favor of the plaintiffs and ordered a plan be drafted to meet the state’s requirement.

The plan called for $5.6 billion in new K-12 funding by 2028. In his Nov. 10 ruling, Lee said, “The Constitution is the direct will of the people.”

Republican lawmakers, however, called for a repeal of the decision because they argued “the power of the purse” belongs to the Legislature.

“The people of North Carolina, through their elected legislators, not an unelected county-level trial judge, decide how to spend tax dollars, Senate Leader Phil Berger, R-Rockingham, said. “Rather than accepting responsibility for lagging achievement and outright failure, the Leandro parties insist that the pathway to student improvement is always the simple application of more money.”

Before the court ruling Tuesday, North Carolina Attorney General Josh Stein’s office said temporarily delaying the order would be “appropriate” for further review. North Carolina State Controller Linda Combs had filed a petition to block the ruling last week.

Originally published by The Center Square. Republished with permission.

Internet Info

Hayley Sledge, “NC Judge Orders State to Spend $8 Billion More on Education,” The Heartland Institute, March 25, 2020: https://www.heartland.org/news-opinion/news/nc-judge-orders-state-to-spend-8-billion-more-on-education