Loading...
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.