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NC Supreme Court Ends Leandro Fight; Helene Aid Extended; Right-to-Work

Carolina Journal Radio / Nick Craig
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May 18, 2026 6:27 am

NC Supreme Court Ends Leandro Fight; Helene Aid Extended; Right-to-Work

Carolina Journal Radio / Nick Craig

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May 18, 2026 6:27 am

The North Carolina Supreme Court has denied a rehearing in the 32-year-long Leandro education funding case, ending the lawsuit and vacating all related court decisions. Meanwhile, the state treasurer's office is promoting financial literacy among high school students through an internship program and other initiatives. A new bill in the state legislature aims to overhaul how the state funds K-12 schools and create a pilot program for outside-the-classroom learning.

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Granger for the ones who get it done. It's 505 and welcome in to a Monday edition of the Carolina Journal News Hour on Charlotte's FM News Talk, 107.9 FM, WBT. I'm Nick Craig. Good morning to you. We start off with some major news in the North Carolina judicial system this morning as the North Carolina Supreme Court will not hold a rehearing in the 32-year-long Leandro education funding case.

The court ended the case last month and vacated every court decision associated with the very lengthy Leandro lawsuit going back to 2017. Six local school boards filed a petition may the seventh asking the state's high court to revisit two issues that could have reviewed portions of the decade long challenge.

However, a court order on Friday denied that petition. The Supreme Court justices offered no commentary with their decision, with the court's two Democrats, Justices Anita Earls and Allison Riggs, dissenting in the 5-2 decision. The Cumberland, Halifax, Hoke, Robeson, and Charlotte Mecklenburg school boards all had asked for the rehearing. Those are the school systems that were originally in the Leandro case when it started back 30-plus years ago, as they were seeking a court order that would have permitted a constitutional challenge of the state's education funding system to continue. They also sought a ruling that would have allowed a trial judge to continue oversight of a case involving Leandro's one trial, which we'll note was more than 20 years ago.

That trial dealt with at-risk students in the Hoke County school system. The state Supreme Court's April the 2nd decision had what we had thought was originally shut the door and ended all future Leandro proceedings with. According to the rehearing petition, they wrote: Plaintiffs understand and appreciate the finality of the court's decision. But the plaintiffs are asking this court to grant rehearing to clarify the scope and impact of its decision and make clear that the court is not suggesting that, despite centuries of precedent to the contrary, claims over which a court lacked subject matter jurisdiction can be dismissed with prejudice, which was an important part of that decision back in early April, in which the state Supreme Court split 4-3 in its April the 2nd decision, ending that 32-year-old lawsuit, again known as the Leandro case. The decision threw out a lower court order ruling that would have led to $677 million in court-ordered education spending in the state and would have likely led to billions of dollars more in the years to come.

The High Court rejected a trial judge's April 2023 decision ordering the additional state education spending. That spending was tied to a court-endorsed program known as the Comprehensive Remedial Plan that called for billions of dollars in, again, court-ordered funding for future years. The Republican state legislature in their leadership challenged that 2023 ruling in which they said that the trial court lacked subject matter jurisdiction to issue its order, arguing, in fact, that the legislature is the one that is responsible for delegating state dollars, not the court system. Chief Justice Paul Newby wrote in the lead opinion back in early April: In this case, we resolve whether the trial court lacked subject matter jurisdiction to enter its order on the 17th of April, 2023. To do so, we must consider what happens to a case when the original claims have been transformed into.

Claims very different than those in the pleadings. In other words, can a party completely change the subject matter of its actions without following the proper procedure for invoking the trial court subject matter jurisdiction over a new, very different claim? The Chief Justice went on to say: We conclude that the answer is no. Rather, litigants are required to properly invoke the trial court's subject matter jurisdiction over claims that they want resolved. If litigants do not do so, the trial court lacks subject matter jurisdiction to adjudiate said claims.

The Leandro case started all the way back in 1994 with students, parents, and school boards in five predominantly low-wealth school districts suing the state of North Carolina for additional funding.

However, the case has changed significantly over the next three decades, including the addition of additional plaintiffs and some other school districts, including a CMS being added to that case in the 30 years in which it went on. Newbie focused on a July 2017 court filing from then Attorney General Josh Stein, which highlighted the original claims which were stated in the pleadings and refined by the court's decision, noting that those were no longer the focus of the case. The Chief Justice included his own court's 2022 decision in the dispute, sometimes calling it Hoke County 3 or Leandro 4, in which the trial order took place again on the 17th of April 2023. Newby wrapped up his opinion with a reminder of the state Supreme Court's warning in its original 1997 Leandro ruling, with the Chief Justice writing in part, nearly 30 years ago in Leandro, this court warned of the dangers that attended litigation concerning the right to an opportunity for a sound basic education. specifically forecasted what they called protracted litigation resulting in unworkable remedies.

It is difficult to think of a more fitting description for what this case has become. Chief Justice Paul Newby, alongside Justices Trey Alland and Tamara Berenger, supported the lead opinion, all of them Republicans. Justice Phil Berger Jr., also a Republican, backed the majority on vacating all of the Leandro decisions going back to July of 2017. Yet Berger wrote his own concurring opinion, writing in part: One could read the lead opinion and walk away believing that litigation designed to usurp the legislature's executive power over education funding is finally laid to rest. But before the ink is dry on this decision, countless lawsuits over education policy and funding will be filed across North Carolina because the lead opinion leaves the reasoning of Hoke 3 untouched.

Hoke 3's judiciary amendment over our Constitution and fundamentally changed the judiciary's role in our constitutional system. With Berger going on to say, to be clear, I would not write separately if the lead opinion simply read, any ordered entered after this date, including the trial court's decision on April the 17th, 2023, and this court's decision in Hoke County 3 are void and especially disavow the reasoning in Hoke 3. Yet these words remain unsaid, and this court passed on the opportunity to clearly reject HOKE III's unconstitutional assault on the separation of powers and appropriation clauses. And so that is how the case has played out over just the last couple of weeks, as many folks that have followed the Leandro legal challenge for many years finally now seeing what we would appear and suspect a final end to the case as the North Carolina Supreme Court in a court order on Friday denied the petition for a rehearing. As I mentioned just a couple of minutes ago, the justices offering no additional commentary in their decision not to rehear the case.

And many that have followed this case saw the rehearing attempt as the final last-ditch effort to try and revive the Leandro suit, which as we have talked about with Mitch Kokai and many others over the last couple of months now has changed dramatically since it was originally founded. Filed back in the mid-90s, going all the way back to 1994 when it was originally filed.

Some court cases over the last couple of decades ordering state spending directly from the Treasury to school systems in the state of North Carolina, completely bypassing the North Carolina General Assembly and the ability for lawmakers to write legislation and state budgets to determine funding. And of course, following the traditional legislative process, which does require a vote in the North Carolina House, a similar vote in the North Carolina Senate, and finally, a signature from the governor for legislation and spending to take place across the state. We will be keeping a very close eye on this to see if there is any other possible last-ditch efforts for the Leandro plaintiffs. We'll keep you up to date with the details right here on the Carolina Journal News Hour. Speaking of the North Carolina General Assembly, we are expecting more action from lawmakers this week as the legislative calendar is once again packed as we now hit close to the middle point of the legislative long session.

Not expecting any major votes in the House or Senate today. Both are set to convene today, expecting skeleton sessions.

However, looking at the House and Senate calendars for Tuesday and Wednesday heading into Thursday as well, the possibility for some votes. Our big story throughout the middle part of last week was the fact that legislative leaders have announced that they have come together on what they are calling a budget framework as the state of North Carolina has been operating on an old budget going all the way back to July the 1st of last year when the new fiscal year started, July 1st of 2025. It is not immediately clear whether we will get any additional details on what we'll Be in that budget and what some of that spending will look like.

However, that is something that we are keeping a very close eye on over the rest of the month of May, potentially seeing some additional votes, likely seeing some additional votes in the month of June as lawmakers look to be out of Raleigh for the legislative short session just ahead of the July the 4th holiday. And of course, that is relevant as every single member, both Democrats and Republicans in the North Carolina House, are up for reelection this year, getting back to their home districts and campaigning ahead of the 2026 midterm elections. We'll be keeping an eye on all of that right here on the Carolina Journal News Hour. I think we're lost. It's 22 minutes past the hour.

Welcome back to the Carolina Journal News Hour, Charlotte's FM News Talk, 107.9 FM, WBT, starting out west. The application deadline for Hurricane Helene's assistance under the U.S. Department of Agriculture, that is the USDA's $221 million block grant allocated to the state of North Carolina, has had its deadline extended. period for that was set to close on May the 15th.

However, it has been extended to June the 12th. Agricultural Commissioner Steve Troxler said in a press release late last week, we have already received over a thousand applications, but want to be sure everyone who has eligible losses applies so we're giving farmers more time to get their applications and information submitted. Noting that the farmer deadline and timber owner deadline have now both been moved to June the 12th. There are four categories and an application Is required for each category in each county in which a farmer or landowner is eligible. They include farm infrastructure, future economic loss, market loss assistance for commodities and value-added products, and the timber loss relief program.

As this block grant does cover 39 counties with presidential or secretarial disaster declarations, all of it related to Hurricane Helene, as it targets loss to farm infrastructure, crop production, poultry, and other operations, commodities, as well as selected value-added products and timber. This disaster assistance only covers damage not covered by other USDA programs. Additionally, certain producers may be required to acquire and maintain two years of USDA risk management coverage. With Steve Troxler saying this is a separate program from the state program, so farmers and landowners will need to apply again in the categories in which they qualify. Because the information needed is similar to the requirements for the state program.

Hopefully this process should be more streamlined and easier for producers. We've got all the information that you need for that. If you're interested in some more detail, head on over to our website, CarolinaJournal.com. Look for the headline, Applications for $221 million in USDA Helene Aid extended to June the 12th. Back to Raleigh and the state legislature as Republicans there in the state senate specifically have filed legislation that would ask voters to enshrine North Carolina's right to work protections in the state's constitution.

Senate Bill 1082 is now up for discussion in Raleigh, and it would place another constitutional amendment on the November 2026 ballot, strengthening protections that have been part of North Carolina law since the 1940s. The measure would declare that a person's right to work cannot be denied based on whether they belong to a union or labor organization. The proposed constitutional language reads in part, the right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is the public policy of the state that the right of persons to work shall not be denied or abridged on accounts of membership or non-membership in any labor union or labor organization or association.

The General Assembly may prescribe general laws to further define and implement this section, end quote, reading directly from the proposed legislation. The bill is sponsored by State Representatives Carl Ford, the Republican from Rowan, Ted Alexander, the Republican from Cleveland County, and State Senator Steve Jarvis, the Republican from Davidson County. Rock, Senator Ford said in part, while North Carolina is a strong right-to-work state, we're seeing some unions bully and strong-arm folks into doing their bidding. No one should feel coerced into joining a union or other organization to earn a living. Right-to-work laws prohibit employers from requiring workers to join a union or pay union dues as a condition for employment, with supporters of the proposed amendment saying placing the protection in the state constitution would make it harder for future lawmakers to weaken or repeal North Carolina's current policy.

In a social media post, Donald Bryson, the president and CEO of the John Locke Foundation, echoed some of these arguments, saying in part in a social media post late last week, no North Carolinian should be forced to join or pay dues to a union just to earn a living. Today's right to work amendment filed in the state Senate would put that principle in our state's constitution, let the people vote. Alexander said that North Carolina's workforce and economic growth depends on preserving the state's right to work status, saying in part, North Carolina's thriving business climate hinges on our talented workforce and our citizens' chances to find meaningful employment. If we want to see our state thrive, we must protect our citizens' right to work. Senator Jarvis said that the amendment would reinforce North Carolina's position as a state friendly to workers, families, and businesses.

In a short statement, guaranteeing the right to work in our state's constitution cements our status as the best state in which to live, work, and raise a family. This constitutional amendment ensures that our citizens can provide for themselves and their families without feeling unduly pressured by unions. Polling on the topic has shown consistent majority support for right-to-work protections across the Tar Heel state, with Carolina Journal surveys having repeatedly found that roughly 64% of North Carolina voters support enshrining right-to-work protections in the state constitution. And, well, if approved by the North Carolina General Assembly, the amendment would go directly to voters in November of this year, with a simple majority being needed for the proposal to become part of the North Carolina Constitution. Constitution.

This is one of many potential constitutional amendments that you and I will have the ability to vote on, or could have the ability to vote on, probably more accurately to say, coming up later on this year. We are keeping an eye on all of these as the legislative short session continues. And of course, as we get closer to November, we'll let you know exactly what is on the ballot, what its wording is going to look like, and continue polling some of that over at CarolinaJournal.com. It's 5:36. Welcome back to the Carolina Journal News Hour, Charlotte's FM News Talk, 107.9 FM.

WBT, I'm Nick Craig. A good Monday morning to you. There's been an interesting national discussion over the last couple of years about financial literacy. This has become a major topic of discussion, especially as many folks, unfortunately, children or young adults, are graduating the public school system and arguably have very little financial literacy skills when they move on to either a two, four-year school, maybe go into the trades. And it's sparking a major debate across the state of North Carolina.

We've got some pretty cool news this morning out of the North Carolina Treasurer's Office as it relates to financial literacy. It walks through some of those details. Teresa Opaca, CarolinaJournal.com, joins us on the news hour. Teresa, I don't think any of our audience should be surprised that the state treasurer, of all people, has got a vested interest in financial literacy. What do you learn from Treasurer Brad Briner's office?

Sure. Good morning, Nick. Thanks for having me. Yeah, I mean, even from out of the gate last year when he first took over in the office, he's. Been all about financial literacy, and this year is no different.

He announced recently the creation of an internship program within his. Office that's going to give high school students an opportunity to work with them and also promoting financial different financial literacy clubs in different high schools across the state. Also, there's going to be another competition coming up in the fall. It's going to be a statewide financial literacy competition for students. And it's amazing what's going on with his office and what's going on with schools.

And things have come a long way since the kids have gotten some education as far as what to do when you get out of school. Far beyond balancing a checkbook, let's put it that way. Yeah, and I've read a couple of Pew Research and some other studies, Teresa, over the last couple of years. And the numbers, I mean, it's very disturbing when Pew Research asks a bunch of 25 or 30-year-olds, how comfortable are you with financial literacy? And 60% say not at all.

I mean, that is a major problem as these individuals are going through the process of buying homes, starting families, getting into the workforce, maybe looking at opening a small business when you don't have those basic financial literacy skills. And it's admit that you don't have those skills. That from my vantage point, begins to create a major problem long-term here across the United States. Oh, absolutely. And that's what Treasurer Breiner is trying to promote.

Talking with him by phone last week, you know, this all comes down to, you know, I asked you, you know, you're so busy with everything. Of course, this is an important subject, but what drives you to do this? And he's like, his own personal story. His father lost his job twice when he was growing up. When he was a young child, seeing that happen with his father, they didn't have maybe savings or what he called a rainy day account put on the side.

So it really hit a nerve with him. And he says he's sees that today. Also sees it with people who are really successful. He said they just don't want to face different forms of reality when it comes to financial literacy, and maybe they can be much better at it.

So, yeah, this is something he has a personal feeling toward, getting this started at a young age with young kids and teenagers. And Teresa, we've also seen the success of some private versions of this. I think probably one of the most popular would be Dave Ramsey and his Financial Peace University. They also offer a lot of high school and church programs all across the United States with millions of people a year taking advantage of these programs. Again, going back to these basic concepts of what is debt and everything else as it relates to financial literacy.

Unfortunately, not a lot which is taught in the public education system. No, no, there isn't. I do believe now they do have a financial literacy requirement for seniors in North Carolina, but I'm not sure how far it delves into it. But yeah, it's not really, it's something that really needs to be considered with everything going on. You know, you've got credit card offers.

I know that, I don't know if it's still popular today, but in colleges, it used to be all these credit card companies be out there handing you applications for credit. You know, credit cards are free of money, right? It's not free money, but how to better manage your money and talking about mortgages and you're going to have student loans possibly and just budgeting money with inflation. You've got gas, you've got electric bills, all the things that you have to face when you become an adult, you get out of school, right?

So it's really a really good thing to have all these skills and know what you're doing when it comes to financial literacy, as Treasurer Breiner explained with this new internship program. You've got an example of this internship program in your story over at CarolinaJournal.com, a sophomore from a high school in Cary, just outside of our state's capital, a suburb of Raleigh. To walk us through this 15-year-old's amazing story, Teresa. Yeah, amazing is the best word to describe it. His name's Soham Kunde, he's a sophomore at Green Level High School in Kerry, and he is piloting the internship program right now in the treasurer's office.

He found out about it by emailing the department after he checked out their website and their newsletter. I don't know many 15-year-olds that would be doing that, right? But he said that he really became interested in finance when he was very young. Cred's father helped the two of them co-wrote, it's got his name on it, but he says dad helped him write a book. on investing.

Called the TForce Trading Strategy, an essential blueprint for stock investing. It's on Amazon right now. You can go pick up a copy if you want. Um just you know not promoting it, but I mean He says from a young age, he was just amazed at financial everything that comes with finances and investments and Uh I said, when I talked to him, I'm like, how old are you? You're 15?

You published a book already? I'm like, and it's not like, oh, an easy to read book. This is about investment strategies. It's way, way above a lot of people, your age, my age, everybody out there.

So to have someone who's that, you know, well-versed in that at such a young age and talking the way he talked over the phone, I said, you have a really bright future ahead of you, which is just amazing. He's met with so many people. He goes on Fridays in the treasurer's office and works with them. And he's really, you know, he really wants to impose financial literacy across the schools, across the state. He mentioned a statistic too about how people.

People really don't know a lot about financial literacy.

So, yeah, just an amazing, amazing young man in this program. And yeah, there's just, that is the best word, amazing. And Teresa, I would presume if we kind of extrapolated this out to other state agencies, and let's be clear, we're talking about an internship. We're not talking about running around the office and grabbing coffee for people. I don't know that you're going to take a whole lot away from an internship on that.

But you look at the treasurer's office, you look at the state auditor's office, some of these very high-level positions here in North Carolina. The treasurer responsible literally for tens of billions of dollars a year in the state of North Carolina over at the auditor's office side, still in the financial realm as it relates to these audits, getting these middle school or even high schoolers into these state agencies at young ages and actually seeing what is going on behind the scenes. You talk about inspiring the next generation of getting involved in either the public or private sector. I can't literally think of a better way than this. No, no, I can't either.

I can't either. And that's something Treasurer Breiner talked with me about. He said that, you know, aside from, you know, maybe taking some basics, getting some literacy skills, getting these clubs set up, he actually said, you know, let's have these kids, these young adults, take a look at maybe. The rainy day fund, different ways to fund maybe hurricane recovery, disaster recovery in the state. Not saying that they're going to put them fully in charge, but they want to hear their ideas.

They want to see what they can come up with, and maybe they will implement a few of these ideas.

So, I mean, it's really worth the shot for these kids to be taking in this internship and these different clubs and to, you know, maybe, like you say, do more than just run coffee over or pick up a phone or take notes or whatever. Just it's a really, really good way to get your foot in the door. And that is something that Soham actually told me. He said, you know, after graduation from whatever college he goes to, looking at different jobs, he possibly would like to come back to the treasurer's office.

So, you know, it's a win-win for the different offices across the state if they implement these kind of internship programs. And they also, it's a win for maybe different ideas that come out of this that maybe will be truly helpful and help maybe the taxpayer in the end. Yeah, helping the taxpayer in the end, always a great opportunity to talk about there. Teresa, you've got some details on the internship, plus a couple of the interviews that we chatted about during the interview here this morning. Where can folks go and get those details?

Sure, they can head on over to CarolinaJournal.com. We really appreciate the information this morning. Teresa Opeka joins us on the Carolina Journal News Hour. Good morning again. It's 5:51.

Welcome back to the Carolina Journal News Hour, Charlotte's FM News Talk 107.9 FM, WBT, keeping our eye on the North Carolina legislature on this Monday morning. A new bill would launch a formal study of overhauling how the states, how the state itself funds K through 12 schools with it unanimously clearing the North Carolina Senate Senate Education Committee last week. This legislation would also create a pilot program letting high schoolers spend state money on outside the classroom learning. Couple of interesting concepts in there. The legislation, Senate Bill 990, known as the Students First Act, is meant to interject transparency into education funding and innovate into how students access what the legislature calls enrichment.

That is according to the primary sponsor, State. Senator Michael Lee, the Republican out of New Hanover County. The most significant change in the bill would establish a weighted student funding formula working group at the Office of Learning Research, which is housed within the UNC-affiliated North Carolina Collaboratory. The group would develop a three-year strategy to transition North Carolina from its current resource allocation funding model to a per-pupil weighted formula. A report would be due to the Joint Legislative Education Oversight Committee July the 15th of 2027.

State Senator Michael Lee told the committee, a weighted student formula is incredibly important and we need to move forward with it. We're one of just a few states with a resource-based allocation model, and no matter where you are in the state, the transparency, the accountability, and the ability to provide funding to properly fund education is going to be determined on a weighted student formula. Dr. Bob Lubke, the director of the Center for Effective Education at the John Locke Foundation, said that Senate Bill 990 addresses long-standing problems in how the state funds K-12 education, noting in part, The current system is too complex, lacks accountability, and is hard to assess if money is getting to where it is needed. A weighted student funding formula would tie funds to a student's needs and make the system more accountable and easier to understand.

The bill also directs the work group to study whether the transfer responsibility for those that are dispersing K through 12 funds from the Department of Public Instruction to the State Education Assistance Authority, known as the SEAA, which currently administers the state's college aid program and opportunity school voucher program. The proposal drew most pushback from Democrats, including some state senators, including Representative Sophia Chellek from Durham County, who questioned whether transferring K-12 funding authority to the SEAA runs afoul of the state constitution, which empowers the state board of education to supervise and administer public schools. With the member from Durham County saying, I don't know why you would spend. Funds then to create a series of recommendations that might not be considered. State Senator Amy Gailey, the Republican from Alamance County, who is a co-sponsor of the legislation, defended the constitutionality of the provision, saying in part, having another entity as a pass-through doesn't infringe on that.

But it goes on to say, subject to laws enacted by the General Assembly.

So it is very clear in the Constitution that the General Assembly ultimately controls the flow of money through the public school system. The bill would also create a student-based education wallet pilot program. This is pretty cool. The SEAA would select one high school to participate, again, as a pilot program, with eligible students receiving up to $395 per year for credit-bearing or enrichment activities, career and technical education program, arts, athletics, or STEM competitions offered by approved outside providers. Lee described the pilot as growing out of the Rowan-Salisbury Renewal School District's experience in filling a teacher gap, with state senator Lee saying, quote, they were having a hard time finding a PE teacher, so they brought in a local karate school and kids signed up, and that ended up being their PE credit.

The school board approved it, the superintendent approved it, and it helped a private business, it helped the school district meet its needs. A third major provision in the bill tied to the Protect Campus. Survivors Act would amend state public record laws to make student disciplinary records at the UNC system office, individual UNC constituent institutions, and the community college system office and individual community colleges, even where federal law wouldn't permit disclosure. The exemption applies to records that contained personally identifiable information or PII about a student and related to a complaint, investigation, or resolution of an alleged violation of campus disciplinary or conduct rules. Senate Bill 990 is the second major public, second major education bill that we have seen go through the legislature here in the last couple of weeks or going through right now.

We'll keep an eye on this as it now heads to the Senate Appropriations Committee on Base Budgets, and we very likely could see some of this verbiage being put into the full state budget.

Well, that's going to do it for a Monday edition of the Carolina Journal News Hour. WBT News is next, followed by Good Morning BT. We're back with you tomorrow morning, 5 to 6, right here on Charlotte's FM News Talk, 107.9 FM, WBT.

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