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School-vouchersThe spigot of taxpayer-funds flowing to private schools under the state’s recently-enacted school voucher program remains closed as the Court of Appeals yesterday denied a second request by parents and other voucher proponents for emergency relief.

Those parents and proponents — including Speaker Thom Tillis and Senate leader Phil Berger — have been trying to have voucher funds released while they appeal a ruling by Superior Court Judge Robert Hobgood, finding the program unconstitutional.

They had unsuccessfully sought that relief from the Court of Appeals and then the Supreme Court even before Hobgood had reduced his ruling to a final written order.

With the final order — issued on August 28 — in hand, the voucher proponents again asked the Court of Appeals to block Hobgood’s order and let money flow while the court reviewed the merits of his decision.

And yesterday, for the second time, the Court of Appeals denied that request for an immediate stay.

The parties will now await a ruling by the Court of Appeals on the voucher proponents’ petition for a review on the merits of the Hobgood order.

Response briefs by the  parties challenging the voucher program are due in court next week.

 

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The N.C. Supreme Court denied an emergency motion filed last week by attorneys on behalf of Speaker Thom Tillis, Senate leader Phil Berger and parents to allow taxpayer-funded school vouchers, ruled unconstitutional by a Superior Court judge last month, to be disbursed to private schools immediately while the fate of the program is decided. 

The defendant-intervenors pushing to get school voucher funds out the door filed their motion with the Supreme Court before a written order had been issued by Superior Court Judge Robert H. Hobgood, going against the usual order of business.

The Supreme Court decided to punt the case back to the Court of Appeals today, and because a written order was finally issued by Judge Hobgood late last week, defenders of the school voucher program can once again pursue a temporary stay of his unconstitutional ruling in the lower court, following the normal process.

The Supreme Court’s latest ruling means that those hoping to get school vouchers out to private schools immediately while the final merits of the case are decided now face a potentially weeks-long delay, and it’s unclear how students who have enrolled at private schools with the understanding they would have $4,200 taxpayer-funded vouchers to pay toward their tuition will be affected.

Read the Supreme Court’s ruling below. And for more background on the school voucher legal battle, click here.

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The battle over school vouchers in North Carolina is now before the state Supreme Court, thanks to an emergency motion filed late Monday by attorneys on behalf of Speaker Thom Tillis, Senate leader Phil Berger and parents to allow the taxpayer-funded vouchers, ruled unconstitutional by a Superior Court judge last week, to be disbursed to private schools immediately while the fate of the program is decided.

Plaintiffs challenging the school voucher program — parents, educators, community members and school boards represented by the N.C. Justice Center, the North Carolina Association of Educators, and the N.C. School Boards Association – filed a response Tuesday morning to the motion now before the state’s highest court.

“[The defendants] implore the Court to put millions of taxpayer dollars at risk by turning on the spigot of public funds almost a month before the SEAA’s long-planned disbursement schedule, nullifying a decision by a senior trial judge entered after months of discovery and consideration of hundreds of pages of evidence and briefs,” said the plaintiffs’ response. Read More

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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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The Charlotte Observer:

In striking down the state’s new school voucher law on Thursday, N.C. Superior Court Judge Robert Hobgood laid out a cogent, compelling constitutional case against the bad law. “Beyond a reasonable doubt…,” he said from the bench, “the Opportunity Scholarship program funds a system of private schools from taxpayer dollars as an alternative to the public school system in direct contravention of the North Carolina Constitution….”

Voucher advocates say they will appeal, noting that parents need choices other than traditional public schools. But Hobgood correctly notes that the state is constitutionally obligated to provide a sound, basic education to N.C. students, and lawmakers can’t delegate that obligation to “unregulated” and “unaccountable” private schools.

The Greensboro News & Record:

Superior Court Judge Robert Hobgood’s opinion of the state’s Opportunity Scholarship Program was blunt.

“The General Assembly fails the children of North Carolina when they are sent with public taxpayer money to private schools that have no legal obligation to teach them anything,” he said Thursday in ordering an immediate halt to the voucher plan.

That was not a political statement. Hobgood, a veteran judge holding court in Wake County, cited several provisions of the state constitution violated by the voucher program….

Attorney General Roy Cooper said his office will appeal to higher courts, but Hobgood’s interpretation of the state constitution seems sound.

It was the legislature that went off track in enacting a program that diverts millions of dollars from public schools and contradicts good judgment. At a time when more accountability is demanded of public schools and educators, this program asks almost nothing of participating private schools. It just sends them money.

Bad idea. And, according to the judge, it violates the state constitution.