IN THE COURTS: North Carolina Court Update -- Rural Policy Matters, Volume 4, Number 8 (August 2002)

In the latest development in the long-running Leandro school finance case in North Carolina, Judge Howard Manning rejected the plan that state officials offered in response to Manning's ruling that at-risk children in North Carolina were not receiving a sound basic education. State officials gathered a group of documents, lifted mainly from the work of the governor's education task force, that were supposed to show the judge how the state intended to meet the court's demands.

Commenting on the documents submitted by the state, Manning said, "The task force is merely advisory. In stark contrast, however, the court's orders in this case are not advisory. It appears clear to the court that the state, including the lawyers in the Attorney General's office, has failed to appreciate this distinction and elected to do little if anything, in order to comply."

He also asserted that, since the state has argued in the past that money is not the issue, North Carolina current budget crisis is no excuse for not proceeding. Manning said within 10 days, he wanted to hear exactly what the state was doing to assist Hoke County schools and other plaintiff parties. The lawsuit was brought by a group of low-wealth rural school districts more than 10 years ago.

When Manning first ruled in Leandro, state officials said they would abide by his decision, but at the same time, they have submitted a very broad appeal to the North Carolina State Supreme Court.