CharterInitiative.Org
♦ On Friday afternoon, the NC Supreme Court upheld the ruling of the Court of Appeals that Cleveland County Schools must pay a share of disputed funds to three area charter schools. Former Charlotte mayor Richard Vinroot, partner at Charlotte-based law firm Robinson Bradshaw, argued on behalf of the charter schools, with Amanda Pickens appearing on brief. According to Robinson Bradshaw, this was one of six cases heard during a special session at the historic Burke County courthouse in Morganton – the first time the Supreme Court of North Carolina met there since before the Civil War.
The Supreme Court decision affirms a trial verdict that the Cleveland County school system had improperly classified money as “restricted” and failed to share that money with students and families attending charter schools in the state of North Carolina. Because that moneys was available to K-12 students in state district schools, the court has ruled they must be shared equally on a per-pupil basis. According to the John Locke Foundation, the Appeals Court majority agreed with the trial judge in rejecting the school system’s arguments.
Representative Paul (Skip) Stam, Speaker Pro-Tempore of the North Carolina House of Representatives applauds the North Carolina Supreme Court decision saying that it “is a correct ruling”. As strong advocates for school choice, CSI believes students and their parents have a choice when it comes to education, and the decision made on Friday by the higher courts makes it a good day for school choice, and for the charter school system here in the Tar Heel state.
The positive ruling by the supreme court may pave the way for the North Carolina General Assembly to pass House Bill 539, which is slated to be voted on in the current short session addressing more equitable funding for the states charter schools. On average the schools have 15%-20% of their funding going to cover rent or mortgage expenses, which district schools have none as the county provides facilities rent free. So even with this additional funding, charters will still be at 80%-85% maximum funding, rather than the current average of 70% of overall funding.
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For more information on HB-539 go to: http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H539v3.pdf
For more information on the case go to http://www.robinsonbradshaw.com/media/news/444_Charter%20school%20opinion.pdf