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NC Court of Appeals rejects state’s emergency request to allow school voucher funds to flow

School-vouchersThe N.C. Court of Appeals rejected an emergency request by the state’s Attorney General and parents to allow taxpayer-funded school vouchers, ruled unconstitutional by a Superior Court judge last week, to be disbursed to private schools while a higher court decides on the fate of the program.

Last Thursday, state Superior Court Judge Robert Hobgood found the recently-enacted “Opportunity Scholarship Program” unconstitutional and permanently enjoined disbursement of state funds for that purpose (see our feature story about Hobgood’s decision here). 

Attorneys for the state and parents wishing to take advantage of the school vouchers this fall filed an emergency motion with the N.C. Court of Appeals on Friday requesting that the vouchers, worth $4,200 annually for roughly 2,400 students, be paid out for this school year while the case is appealed.

The attorneys filed their emergency motion before Judge Hobgood released his written order — a premature move, according to attorney Burton Craige, who represents plaintiffs challenging the school voucher legislation.

“If there’s no written order, then there’s nothing to appeal,” said Craige, who said the move to file an emergency petition was an attempt to get around the usual order of business.

The Court of Appeals did make it clear in its decision that once a written order is in place, the state may re-file its motion for a temporary stay in the case, “without prejudice.”

But Darrell Allison, president of Parents for Educational Freedom in NC (PEFNC), a pro-voucher advocacy organization that has hired an out-of-state law firm to intervene in the school voucher litigation, issued a press release today saying the Court of Appeals’ decision immediately paves the way for bringing an appeal to the state Supreme Court.

“Today’s decision is disappointing but we’re glad we can now quickly appeal to the highest court to help many Opportunity Scholarship students who have already begun their school year and been thrown into disarray… the Supreme Court overturned a previous temporary injunction ruling once before this year and I am confident they will do the same in this case which will allow the Program to move forward until the merits of the case can be heard.  

Stay tuned for further developments.

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