Is North Carolina rushing toward a "constitutional train wreck?" Superior Court Judge Howard E. Manning, Jr. voiced that concern during his February hearing on the long-running Leandro case. This potential crash involves one engine of government (the judicial branch) colliding with the other two engines of government (the legislative and executive branches) because of the N.C. Supreme Court's rulings in the Leandro case. This is the case that established the right of every child in North Carolina to the "equal opportunity to receive a sound basic education." It also underlined the responsibility of the State to ensure that every child's Leandro right ends up improving every child's life.
Gov. Mike Easley has never embraced the Leandro decisions. His state budget proposal suggests a number of modest Leandro-related reforms. However, he proposes little to address the needs of our at-risk students or to increase the chances that they will meet rising state education standards. Combining already existing funds for at-risk students (as the Governor proposes) may be a good idea, but it certainly doesn't represent a new investment nor does it provide sufficient funds to educate these students. Likewise, failing to restore the tens of millions of dollars in "discretionary" cuts by all school districts reduces the positive impact of his proposed budget increases.
For its part, the General Assembly has yet to demonstrate that it plans to meaningfully respond to the resolution of this decade-long legal battle. In light of these realities, Judge Manning's concerns are understandable -- and his patience with business as usual may be waning. Despite the foot dragging by the Governor and the legislature, a "constitutional train wreck" may yet be avoided.
The train metaphor that applies to Leandro today is not that of a wreck. Rather, it is one based on the children's classic: The Little Engine That Could. This time the title should be: The Big Engines That Won't.
The executive and legislative branches won't allow themselves to be seen as merely obeying the orders of a Superior Court judge. The Governor won't risk creating a legacy of compliance rather than leadership. And, the General Assembly won't risk upsetting established, powerful constituencies during another tight budget year by spending what truly is needed for the children most likely to benefit from Leandro. Together, they chorus: "I Think I Won't. -- I Think I Won't. -- I Think I Won't."
In the children's story, the engine was trying to get to the other side of the mountain, where there were lots of boys and girls who wanted the toys and food that the engine could bring. We all cheered for the Little Engine that refused to give up and disappoint the children.
In the Leandro version, there are hundreds of thousands of children across our state who will miss out on much more than lollipops and stuffed animals if the Big Engines don't deliver the goods when and where they are required.
The real question is whether North Carolina's Big Engines will "get on track" and fulfill their constitutional responsibility? Judge Manning is reconvening the Leandro hearings and will review what the executive branch proposes to do -- and to spend -- to remedy the constitutional violations identified so far.
Some aspects of the Governor's budget represent progress towards a meaningful Leandro remedy. In particular, the Governor's intention to couple more resources with more accountability deserves applause, as do his proposals to add funds for pre-school education, low wealth school districts and school nurses and social workers. Helping children remains the only true test. Any Leandro remedy must ensure that new funds will be spent in ways that directly and powerfully benefit all children.
The Supreme Court's clear message was that the State's executive and legislative branches must play their constitutional roles by taking the lead in planning and funding the Leandro remedies. The judicial branch does not want to prematurely order the Governor and the General Assembly to implement a specific, comprehensive Leandro remedy. However, if the other two Big Engines break down, then the judicial branch has the right and the responsibility to order specific remedies.
The Governor's budget is just the first step in the process of crafting a meaningful response to the potential and the demands of Leandro. The legislature now has the opportunity to become the first among equals by developing its own blueprint for making the Leandro right a North Carolina reality. There is still time for the Big Engines to "get on track" and get over the mountain.
Can it be accomplished? Of Course, It Can. Of Course, It Can. Of Course, It Can.
--------------------------------------------------------------------------------
Dr. Sher is a Senior Fellow at the NC Child Advocacy Institute and Co-Director of the Leandro Advocacy Project.
TOP