HomeMy WebLinkAboutC.054.93011_0334PRESENTATION BY ATTORNEY NEIL YARBOROUGH ON BEHALF OF THE
IREDELL COUNTY BOARD OF COMMISSIONERS: Mr. Yarborough said he would be
referencing some of the same laws Ms. Majestic had referred to because the dispute was a legal
proceeding. He said the public policy phase regarding the school funding had already occurred,
and this was prior to the county's adoption of the budget. Yarborough said he was from Hoke
County, the "poster child" for the Leandro case. He said the lawsuit showed how badly certain
counties were disadvantaged, and it related to bringing poor counties half way up to the funding
that was being given to Iredell's schools. Yarborough said Hoke County spent $674 for per
pupil expenditures compared to Iredell's $1,7661. Attorney Yarborough said the Leandro case
involved a Hoke County student who sued the State of North Carolina on the basis that the State
was not meeting its constitutional duty to the people to provide a general and uniform system of
free public schools. He said counties, such as Iredell, lived of "the fatted calf," while counties
such as Hoke were (1) using teachers who were not certified as teachers, (2) using teachers not
certified in their disciplines, and (3) using second-hand furniture that had been donated from
other school systems.
Mr. Yarborough then highlighted and briefed the attendees on the following laws.
State Constitution Article IX
Sec. 2 Uniform system of schools
(1) General and uniform system. The General Assembly shall provide by taxation and
otherwise for a iteneral and uniform system of free Public schoolswhich shall be maintained at least
nine months in every year, and wherein equal opportunities shall be provided for all students.
Sec. 2. Uniform system of schools (contd.)
(2) Local responsibility. The General Assembly may assign to units of local government
such responsibility for the financial support of the free public schools as it may deem appropriate. The
governing boards of units of local government with financial responsibility for public education may use
local revenues to add to or supplement any public school or post -secondary school program.
State Constitution Article IX
The uniformity required by the state constitutional provision requiring the General Assembly to
provide for general and uniform system of free public schools is system uniformity, and thus the provision
is not violated on the ground that the quality of the education programs and amount of funding vary
substantially between poor school districts and wealthy school districts or on the ground that the
educational financing system fails to take into account greater educational and resource needs of
students in urban districts.
Board of Commissioners to direct fiscal policy of county
The board of commissioners has and shall exercise the responsibility of developing and directing
the fiscal policy of the county government NCGS §153A-101
Board of Commissioners to direct fiscal policy of county
The legislature has vested county boards of commissioners with broad discretion to direct fiscal
policy for the county. Leete v. County of Warren
Board of Commissioners to direct fiscal policy of county
It is the policy of the General Assembly that the counties of this State should have adequate
authority to exercise the powers, rights, duties, functions, privileges, and immunities conferred upon them
bylaw. NCGS §153A-4
Board of Commissioners to direct fiscal policy of county
The county commissioners have the right to consider budget requests submitted by the board of
education on a line by line basis even where requests by the board of education, if granted, would require
no additional tax levy. Wilson County Board of Education v. Wilson County Board of Commissioners
Yarborough said there was no equivalent statutory law that allowed the school board the
same rights.
NCGS §1150-426. Uniform budget format
(e) The local current expense fund shall include appropriations sufficient, when added to
appropriations from the State Public School Fund, for the current operating expense of the public school
system in conformity with the educational goals and policies of the State and the local board of education,
within the financial resources and consistent with the fiscal policies of the board of county commissioners.