NC Supreme Court upholds ruling for public charter schools

Although they are separate from traditional public schools, North Carolina’s public charter schools are entitled to equal per-student funding. The North Carolina Supreme Court has upheld a decision that Charlotte-Mecklenburg Schools owe Charlotte area charter schools almost $6 million – with some of the money overdue by 8 years. The high court’s refusal to hear the school system's appeal effectively ends a long legal battle and should provide needed funding to the 10 schools involved in the suit.

While this case concerned per-student funding, it could have implications on a separate lawsuit regarding capital funding for public charter schools. The North Carolina Institute for Constitutional Law has filed a suit against the state on behalf of 7 charter schools, claiming that these schools are due funding for construction and other projects.

North Carolina's constitution requires that the General Assembly may only establish a "uniform system" of public schools. Current North Carolina law, however, permits counties and local school boards to provide capital funds only to traditional public schools, excluding public charter schools. The lawsuit, which contends that the disparity in funding is unconstitutional, seeks the opportunity for public charter schools to be "uniformly considered" for capital funds.

The case against Charlotte-Mecklenburg Schools may have no direct bearing on the pending lawsuit, but it is likely to influence public debate at a time when charter schools appear poised to gain ground nationally.