Silver v. Halifax Cnty. Bd. of Commissioners
Silver v. Halifax Cnty. Bd. of Commissioners
Opinion
In this case we consider whether plaintiffs have stated a claim for violations of their right to receive the sound basic education guaranteed by the North Carolina Constitution sufficient to survive defendant's motion to dismiss pursuant to North Carolina Rule of Civil Procedure 12(b)(6). See N.C.G.S. § 1A-1, Rule 12(b)(6) (2017). Because we conclude that the State-and not a board of county commissioners-is solely responsible for guarding and preserving the right of every child in North Carolina to receive a sound basic education pursuant to the North Carolina Constitution, we affirm the decision of the Court of Appeals.
The case sub judice is related to, yet distinguishable from, this Court's landmark decision in
Leandro v. State
,
According to the factual allegations in plaintiffs' complaint, which we take as true for the purpose of reviewing an order on a motion to dismiss pursuant to Rule 12(b)(6),
see
Krawiec v. Manly
,
In contrast to most North Carolina counties that have just one local education area (LEA), Halifax County has three: Halifax County Public Schools (HCPS), Weldon City Schools (WCS), and Roanoke Rapids Graded School District (RRGSD). According to plaintiffs' complaint, in the 2014 to 2015 school year, the student populations of HCPS and WCS were overwhelmingly black, with HCPS's student population of 2988 schoolchildren 85% black and 4% white, and WCS's student population of 940 students 94% black and 4% white. At the same time, RRGSD's student population of 2929 schoolchildren was only 26% black and 65% white. Furthermore, the vast majority of students attending school in HCPS and WCS schools are considered "at risk." Our decision in
Leandro II
recognized that students may be considered "at risk" if, "due to circumstances such as an unstable home life, poor socio-economic background, and other factors, [they] either enter or continue in school from a disadvantaged standpoint, at least in relation to other students who are not burdened with such circumstances."
3
Leandro II
,
The facts alleged in plaintiffs' complaint are, unfortunately, all too familiar to this Court, as they mirror those of the plaintiffs in Leandro I . Plaintiffs allege that defendant's *758 continued support and maintenance of this tripartite school district system and its refusal to manage and distribute resources efficiently among the school districts has resulted in defendant's failure to provide the students of Halifax County an opportunity to receive a sound basic education. They compare defendant's "inputs" and "outputs" 4 in the HCPS and WCS districts with those in RRGSD to bolster their allegations. As to "inputs," plaintiffs state that HCPS and WCS school buildings and facilities are woefully inadequate, with crumbling infrastructure and regularly failing heating and cooling systems. Plaintiffs also include a report that students at Northwest High School in HCPS recently have had to walk through sewage to move between classes because of defective plumbing. In addition, HCPS and WCS school students frequently lack textbooks and other basic curricular materials, with teachers relying on donations from parents to purchase books and other basic classroom necessities. Meanwhile, plaintiffs point out that the facilities at RRGSD schools are well kept and regularly renovated, and students have access to Advanced Placement classes and many other curricular and extra-curricular activities that are not available to HCPS and WCS students. Plaintiffs argue that funding disparities make it extremely difficult for HCPS and WCS to attract and retain quality, or even fully licensed, teachers and administrators, with these schools commonly resorting to hiring teachers from the Teach for America program or teachers with little or no experience. The percentage of fully licensed teachers in these districts ranges from 63 to 89%. In contrast, 95 to 100% of the teachers in RRGSD schools are fully licensed.
Plaintiffs claim this disparity in inputs is largely attributable to the way defendant has structured its system of local sales tax distribution pertaining to education. Pursuant to legislation enacted by the General Assembly, each year defendant selects one of two methods by which local sales tax revenues are distributed within the county to provide additional funding to the local school districts. Defendant may use either the per capita method, in which local sales tax revenue is divided between defendant and all municipalities within the county on a per capita basis using the resident population of each, N.C.G.S. § 105-472(b)(1) (2017), or the ad valorem method, in which local sales tax revenue is divided between all "taxing entities" in the county, including municipalities and eligible LEAs,
Plaintiffs' complaint also alleges large disparities in "outputs." Plaintiffs point out that since 2002, the students in HCPS and WCS schools have scored anywhere from 15 to 30% lower than students in RRGSD schools on end-of-course tests and that a majority of students in HCPS and WCS schools score below grade level in standardized statewide end-of-grade exams. HCPS and WCS students consistently score 150 to 250 points *759 lower than RRGSD students on the SAT college entrance exam. Students in HCPS and WCS schools are much more likely than students in RRGSD schools to be suspended, with HCPS having suspended a higher percentage of high school students than any other school district in the state during the 2013 to 2014 school year.
In August 2016, plaintiffs commenced this action alleging that defendant has violated plaintiffs' fundamental constitutional right to receive the sound basic education guaranteed in Article I, Section 15 and Article IX, Section 2 of the North Carolina Constitution. Plaintiffs requested that the trial court issue a declaratory judgment and use its equitable powers to order defendant to develop and implement a plan to cure the alleged violation. Defendant filed a motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. In February 2016, the trial court granted defendant's motion to dismiss, noting that no provision of the North Carolina Constitution affirmatively requires a board of county commissioners to implement and maintain a public education system in the county in which it sits, thereby absolving the board of any constitutional duty to provide its students the opportunity to receive a sound basic education. Plaintiffs appealed to the Court of Appeals, asserting that defendant is constitutionally responsible for securing a child's right to a sound basic education. After reviewing the plain language of our constitution and our decisions in the
Leandro
cases, the Court of Appeals affirmed the decision of the trial court in a divided decision, holding that the State, standing alone, has the obligation to provide a sound basic education to the children of North Carolina.
Silver v. Halifax Cty. Bd. of Comm'rs
, --- N.C.App. ----, ----,
On appeal from an order dismissing a claim pursuant to Rule 12(b)(6), we conduct de novo review.
Krawiec
,
The trial court dismissed plaintiffs' constitutional claim for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) on the basis that plaintiffs could not have their constitutional rights enforced by defendant because defendant does not possess any constitutional duties relating to public education. Plaintiffs contend that, along with the State, a board of county commissioners is obliged to provide the opportunity for the children of North *760 Carolina to receive a sound basic education. We disagree.
In analyzing defendant's constitutional duties with respect to providing a sound basic education, first we must carefully consider the pertinent language of the constitution itself. Section 15 of the North Carolina Declaration of Rights states: "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, § 15. The provision more relevant to the case sub judice, Article IX, Section 2, entitled "Uniform system of schools" states:
(1) General and uniform system: term.-The General Assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students.
(2) Local responsibility.-The General Assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate. The governing boards of units of local government with financial responsibility for public education may use local revenues to add to or supplement any public school or post-secondary school program.
As we read these provisions of our constitution, it is clear that no express provision requires boards of county commissioners to provide for or preserve any rights relating to education. Section 2(1) of Article IX requires the General Assembly to create and maintain a system of free public schools. N.C. Const. art. IX, § 2 (1) ("The General Assembly shall provide by taxation and otherwise for a general and uniform system of free public schools...."). The constitution also notes expressly that units of local government, such as county boards of commissioners, may bear the burden for some of the financial needs of local education by using local revenues if the General Assembly so allows.
Plaintiffs assert that Article IX, Section 2(2) and the statutes enacted pursuant to this constitutional provision make local entities responsible for providing a sound basic education. We disagree. As we noted in Leandro I , boards of county commissioners have a long history of involvement in local education, and this notion is ingrained in our State's educational structure:
The idea that counties are to participate in funding their local school districts has a long history. In 1890, for example, Chief Justice Merriman wrote for this Court that: "the funds necessary for the support of public schools-the public school system-are not derived exclusively from the State. The Constitution plainly contemplates and intends that the several counties, as such, shall bear a material part of the burden of supplying such funds."
Leandro I
,
Justice Story's ideas of constitutional construction from his seminal opinion in
Martin v. Hunter's Lessee
, 14 U.S. (1 Wheat.) 304,
It has been suggested by both plaintiffs and the Court of Appeals dissent that the constitutional duty to provide a sound basic education is vested in or delegated to a unit of local government when the General Assembly enacts a law giving it financial responsibility concerning public education. This reasoning has been foreclosed by our decision in
Leandro II
. There we affirmed the order of the trial court which found that the State, "and by the State we mean the legislative and executive branches which are constitutionally responsible for public education," was not providing a sound basic education to Hoke County students because it failed to ensure that available resources were being allocated appropriately.
Leandro II
,
The interrelationship between the State and local school boards discussed in
Leandro II
is comparable to that between the State and a county board of commissioners and is useful to our analysis in this case. In
Moore v. Board of Education,
*763
Stephenson v. Bartlett
,
Plaintiffs have expressed concern that a determination that only the State is responsible for providing children the opportunity to receive a sound basic education will give local governments the ability to disregard their obligations relating to education by allowing them to refuse to provide funds for, among other things, books, equipment, school transportation, and maintenance or construction of school facilities. In effect, plaintiffs say county governments would thus be allowed to abandon their fiscal responsibility regarding education with impunity and pass their alleged constitutional duties along to the State. This is not the case. Plaintiffs' line of reasoning is arguably sound only if one presupposes that counties have such constitutional duties in the first place, and we have determined that they do not. Furthermore, irrespective of a county's constitutional powers relating to education, no entity is free to ignore the mandates of the General Assembly. Nothing in this opinion should be read to suggest that a county board of commissioners, or any other local entity with *764 duties imposed by General Assembly enactments, may ignore statutory requirements laid out by the legislature. Furthermore, to the extent that a county, as an agency of the State, hinders the opportunity for children to receive a sound basic education, it is the State's constitutional burden to take corrective action.
It is important to note that the legislature has provided statutory relief from inadequate funding in an LEA if a local board of education determines that the funds appropriated to it by the county board of commissioners are "not sufficient to support a system of free public schools." N.C.G.S. § 115C-431 (2017) (titled "Procedure for resolution of dispute between board of education and board of county commissioners."). This process involves the chairs of both the local board of education and the board of county commissioners jointly meeting with a mediator to "make a good-faith attempt to resolve the differences that have arisen between them," but if they cannot and a subsequent attempt at mediation fails, the local board of education may file an action in superior court where a jury may decide the appropriate budget for the school year.
If a section 115C-431 course of action is deficient, as plaintiffs have suggested, parents and students are still free to assert a child's constitutional right to receive a sound basic education directly against the State. The Court of Appeals suggested this very remedy, opining that the correct avenue for relief in this case would be for plaintiffs to raise the issues alleged in their complaint with the superior court overseeing the ongoing
Leandro
litigation,
Silver
, --- N.C.App. at ----,
In
Leandro II
we noted that "[t]he children of North Carolina are our state's most valuable renewable resource. If inordinate numbers of [students] are wrongfully being denied their constitutional right to the opportunity for a sound basic education, our state courts cannot risk further and continued damage because the perfect civil action has proved elusive."
Leandro II
,
AFFIRMED.
Leandro I also featured a number of plaintiff-intervenors, who were students and their parents or legal guardians from relatively large and wealthy counties and those counties' respective boards of education.
In so doing, we noted that a qualitative "sound basic education" is one that would provide students 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.
Leandro I
,
In expounding upon the definition of an "at risk" student in Leandro II , we noted that an "at risk" student generally
holds or demonstrates one or more of the following characteristics: (1) member of low-income family; (2) participate in free or reduced-cost lunch programs; (3) have parents with a low-level education; (4) show limited proficiency in English; (5) are a member of a racial or ethnic minority group; (6) live in a home headed by a single parent or guardian.
In the
Leandro
cases we used these terms as shorthand for various actions the State takes and the results it achieves, in educational policy to help determine whether it was providing a sound basic education. The term "inputs" includes indicators like the amount of funding received and its allocation, educational programs and opportunities provided to students, teacher certification standards, and overall quality of administrators and teachers.
Leandro II
,
We do recognize that this Court occasionally reads the word "may" to carry the same meaning as "shall" when such an interpretation "will best express the legislative intent" and "it is employed in a statute to delegate a power, the exercise of which is important for the protection of public or private interests."
Puckett v. Sellars
,
Defendant argues that our decision in
King v. Beaufort County Board of Education
,
King
is, primarily, a decision regarding school discipline, based upon statutes enacted by the General Assembly which require LEAs to offer at least one alternative education program and create strategies for assigning long-term suspended students to it when feasible and appropriate.
King
clearly expressed that there is no fundamental right to an alternative education.
Reference
- Full Case Name
- LaTonya SILVER, Individually and as Guardian Ad Litem of Brianna Silver, Larry Silver III, and Dominick Silver; Brenda Sledge, Individually and as Guardian Ad Litem of Alicia Jones; Felicia Scott, Individually and as Guardian Ad Litem of Jamier Scott; Halifax County Branch #5401, National Association for the Advancement of Colored People ; And Coalition for Education and Economic Security v. the HALIFAX COUNTY BOARD OF COMMISSIONERS
- Cited By
- 18 cases
- Status
- Published
- Syllabus
- Whether a local board of county commissioners may be held legally responsible for providing a sound basic education for students in the county appeal from trial court's grant of defendant's Rule 12(b)(6) motion to dismiss.