The North Carolina Supreme Court ruled that county boards of commissioners have no constitutional responsibility to provide students with a sound basic education. The court case, Silver et al. v. Halifax County Board of Commissioners, was brought by parents and advocacy groups alleging that funding and policy decisions by the Halifax County Board of Commissioners violated students' right to an education. While earlier court decisions had recognized this right to education, the Supreme Court ruled that only the state government bears obligations regarding education under the constitution. Plaintiffs expressed disappointment with the decision but said they will continue advocating for educational equity in Halifax County.

1. FOR IMMEDIATE RELEASE: December 21, 2018
North Carolina Supreme Court Holds County Government Has No Duty to Comply with
State Constitutional Guarantee of a Sound Basic Education
CONTACT:
Coalition for Education and Economic Security in Halifax (CEES): Rebecca Copeland
252-813-5952; CEES4HC@gmail.com
NAACP, Halifax County Branch: David Harvey
252-314-7446
Julius L. Chambers Center for Civil Rights: Mark Dorosin
919-225-3809
Today in Silver et al. v. Halifax County Board of Commissioners the North Carolina
Supreme Court held that county boards of commissioners have no responsibility under
the state constitution to provide the opportunity for every child in North Carolina to
obtain a sound basic education, despite the critical role counties play in providing
educational funding and resources.
The Court’s 1997 decision in Leandro v. State recognized the right to a sound basic. Seven
years later, the court reaffirmed this fundamental right. Today’s ruling undercuts the
scope and impact of the Leandro decisions and the goal of educational equity in our state.
In Silver, the plaintiffs alleged that the education funding and policy decisions of the
Halifax County Board of Commissioners violated the constitutional right recognized in
Leandro. The lower courts rejected that claim, asserting that county boards of
commissioners have no responsibility to execute their education-related duties in a
manner compliant with the constitution. The North Carolina Supreme Court today
unanimously upheld the conclusion that only the State bears any constitutional
obligations regarding education, declaring:
[N]o express provision requires boards of county commissioners to provide for or
preserve any rights relating to education. . . . Complications born of the
incompetence or obstinance of a county board of county commissioners relating to
the finances of local education are the “ultimate responsibility” of the State, which
must step in and ameliorate the errors. . . . to the extent that a county, as an
agency of the State, hinders the opportunity for children to receive a sound basic
education, it is the State’s constitutional burden to take corrective action.
Halifax County has three separate school districts serving fewer than 7,000 students.
Weldon City Schools has less than 1,000 students, 94% of whom are African American.
Halifax County Public Schools and Roanoke Rapids Graded School District each have less

2. than 3,000 students, but 65% of Roanoke Rapids’ students are white, while the county
district’s students are 85% black. The plaintiffs allege that the educational resources and
outcomes of the three districts demonstrate that the county board of commissioners is
obstructing the opportunity for all students in the county to receive a sound basic
education.
The Silver plaintiffs are parents and guardians of five students; the Coalition for
Education and Economic Security (CEES), a community advocacy organization; and the
Halifax branch of the NAACP. They filed suit against the county in August 2015, alleging
the commissioners’ continued maintenance of the three school districts violates the state
constitutional right of students in Halifax County to a sound basic education.
CEES Chairperson Rebecca Copeland said, “Although we cannot understand how the
court could hold that the constitution does not apply to county governments, we are
undeterred in our fight for educational equity and quality in Halifax County.”
David Harvey, President of the NAACP branch, expressed disappointment in the court’s
decision today: “We have been advocating for all students in Halifax County for almost a
decade, and this lawsuit was our last resort after years of trying to work with our county
leaders for change. But we will not give up. If our Supreme Court says we have to sue the
State for the County’s failures, then that’s what we will do.”
The plaintiffs are represented by the Julius L. Chambers Center for Civil Rights, and also
by the Lawyers Committee for Civil Rights Under Law and Latham & Watkins. Amicus
briefs were filed by Duke Children’s law Clinic, Advocates for Children’s Services (Legal
Aid) and Public Schools First NC; and the NC Advocates for Justice.