No. 425A21-2.

879 S.E.2d 193 (2022)


HOKE COUNTY BOARD OF EDUCATION, et al.; Charlotte-Mecklenburg Board of Education; and Rafael Penn, et al., v. STATE of North Carolina; State Board of Education; Charlotte-Mecklenburg Board of Education; and Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives.

Supreme Court of North Carolina.

Filed November 4, 2022.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein, LLP, Raleigh, by Melanie Black Dubis , Scott E. Bayzle and Catherine G. Clodfelter ; and Armstrong Law, PLLC, Enfield, by H. Lawrence Armstrong , for Hoke County Board of Education, et al.

Lawyers Committee for Civil Rights Under Law, by Christopher A. Brook , Wake County, David Hinojosa , and Michael P. Robotti , for Penn Rafael, et al.

Joshua Stein , Attorney General, by Amar Majmundar , Senior Deputy Attorney General, W. Swain Wood , First Assistant Attorney General, Ryan Park , Solicitor General, Sripriya Narasimha , Deputy General Counsel, and South A. Moore , Assistant General Counsel, for the State.

Joshua Stein , Attorney General, by Matthew Tulchin , Special Deputy Attorney General, Tiffany Y. Lucas , Deputy General Counsel, for the State Board of Education.

Womble Bond Dickinson (U.S.) LLP, by Matthew F. Tilley , Russ Ferguson , W. Clark Goodman , Charlotte, and Michael A. Intersoll , for Philip E. Berger, et al.

Higgins Benjamin, PLLC, by Robert N. Hunter, Jr. , for Nels Roseland, Controller of the State of North Carolina.

Jane R. Wettach and John Charles Boger , for Professors and Long-Time Practitioners of Constitutional and Educational Law, amici curiae.

Duke Children's Law Clinic, by Peggy D. Nicholson and Crystal Grant ; Education Law Center, by David Sciarra , for Duke Children's Law Clinic, Center for Educational Equity, Southern Poverty Law Center, and Constitutional and Education Law Scholars, amici curiae.

Elizabeth Lea Troutman , Eric M. David , Raleigh, Daniel F.E. Smith , Kasi W. Robinson , Greensboro, Richard Glazier , and Matthew Ellinwood , for North Carolina Justice Center, amicus curiae.

John R. Wester , Adam K. Doerr , Charlotte, Erik R. Zimmerman , Emma W. Perry , Chapel Hill, Patrick H. Hill , Charlotte, and William G. Hancock , Raleigh, for North Carolina Business Leaders, amici curiae.

Jeanette K. Doran , for North Carolina Institute for Constitutional Law and John Locke Foundation, amici curiae.

¶ 1 A quarter-century ago, this Court recognized that the North Carolina Constitution vests in all children of this state the right to the opportunity to receive a sound basic education and that it is the constitutional duty of the State to uphold that right. Leandro v. State, 346 N.C. 336


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