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HOKE COUNTY BD. OF EDUC. v. STATE

No. 5PA12-2.

749 S.E.2d 451 (2013)

HOKE COUNTY BOARD OF EDUCATION; Halifax County Board of Education; Robeson County Board of Education; Cumberland County Board of Education; Vance County Board of Education; Randy L. Hasty, individually and as Guardian ad Litem of Randell B. Hasty; Steven R. Sunkel, individually and as Guardian ad Litem of Andrew J. Sunkel; Lionel Whidbee, individually and as Guardian ad Litem of Jeremy L. Whidbee; Tyrone T. Williams, individually and as Guardian ad Litem of Trevelyn L. Williams; D.E. Locklear, Jr., individually and as Guardian ad Litem of Jason E. Locklear; Angus B. Thompson II, individually and as Guardian ad Litem of Vandaliah J. Thompson; Mary Elizabeth Lowery, individually and as Guardian ad Litem of Lannie Rae Lowery; Jennie G. Pearson, individually and as Guardian ad Litem of Sharese D. Pearson; Benita B. Tipton, individually and as Guardian ad Litem of Whitney B. Tipton; Dana Holton Jenkins, individually and as Guardian ad Litem of Rachel M. Jenkins; and Leon R. Robinson, individually and as Guardian ad Litem of Justin A. Robinson, Plaintiffs, and Charlotte-Mecklenburg Board of Education, Plaintiff-Intervenor, and Rafael Penn; Clifton Jones, individually and as Guardian ad Litem of Clifton Matthew Jones; and Donna Jenkins Dawson, individually and as Guardian ad Litem of Neisha Shemay Dawson and Tyler Anthony Hough-Jenkins, Plaintiff-Intervenors, v. STATE of North Carolina and State Board of Education, Defendants, and Charlotte-Mecklenburg Board of Education, Realigned Defendant.

Supreme Court of North Carolina.

November 8, 2013.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, Raleigh, by Robert W. Spearman , Melanie Black Dubis , and Scott E. Bayzle , for plaintiff-appellees.

Tharrington Smith, L.L.P., Raleigh, by Deborah R. Stagner and Neal A. Ramee , for plaintiff-intervenor-appellee Charlotte-Mecklenburg Board of Education.

UNC Center for Civil Rights, Chapel Hill, by Mark Dorosin , for plaintiff-intervenor-appellees Penn, Jones, and Dawson.

Roy Cooper , Attorney General, by John F. Maddrey , Solicitor General, for defendant-appellant State of North Carolina.

Smith Moore Leatherwood LLP, Raleigh, by James G. Exum, Jr. and Matthew Nis Leerberg , for defendant-appellee State Board of Education.

Michael F. Easley , Governor of North Carolina, 2001-2009, amicus curiae.

Ann McColl , General Counsel, and Carrie B. Bumgardner and Jessica N. Holmes , Staff Attorneys, for North Carolina Association of Educators, amicus curiae.

Christine Bischoff and Carlene McNulty , Raleigh, for North Carolina Justice Center; Lewis Pitts and Jason Langberg for, Durham, Advocates for Children's Services of Legal Aid of North Carolina; Christopher Brook , Raleigh, for American Civil Liberties Union of North Carolina Legal Foundation; Iris A. Sunshine , Winston-Salem, for Children's Law Center of Central North Carolina; Jane Wettach , Durham, for Children's Law Clinic at Duke Law School; Robert McCarter and Laurie Gallagher , Charlotte, for Council for Children's Rights; John Rittelmeyer and Susan Pollitt for Disability Rights North Carolina; Scott Holmes , Durham, for North Carolina Central University School of Law Civil Litigation Clinic; Gregory C. Malhoit , Raleigh, for North Carolina Rural Education Working Group; Anita S. Earls and Clare Barnett , Durham, for Southern Coalition for Social Justice; and Mary Irvine , Chapel Hill, for UNC Center on Poverty, Work and Opportunity, amici curiae.

Poyner Spruill LLP, Raleigh, by Robert F. Orr , Edwin M. Speas, Jr. , and John W. O'Hale , for North Carolina School Boards Association and National School Boards Association; and Allison B. Schafer , General Counsel, for North Carolina School Boards Association, amici curiae.

PER CURIAM.

In Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997) and Hoke County Board of Education v. State, 358 N.C. 605, 599 S.E.2d 365 (2004),2 this Court first found and then reaffirmed that the Constitution of North Carolina guarantees "every child of this state an opportunity to...

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