Supreme Court of North Carolina

Hoke Cnty. Bd. of Educ. v. State of N.C.

November 4, 2022

Summary

The Court held that, under the extraordinary circumstances of a decades-long and ongoing constitutional violation, the trial court had authority to direct state officials to transfer available funds needed to implement Years 2 and 3 of the Comprehensive Remedial Plan. The Court concluded that the State's constitutional duty to provide children an opportunity for a sound basic education is binding and enforceable, and that prolonged legislative and executive inaction justified equitable judicial intervention. It affirmed the November 2021 transfer directives, vacated and reversed the April 2022 order that removed them, and remanded for recalculation based on the 2022 budget.