Judge rules NC school voucher program unconstitutional

WRAL.com ^ | 08/21/2014 | Matthew Burns

[GIdget2004]

A Superior Court judge on Thursday overturned a state law that awards taxpayer-funded vouchers to low-income families who want to send their children to private or religious schools.

Judge Robert Hobgood ruled that the Opportunity Scholarship program is unconstitutional, upholding legal challenges filed by the North Carolina Association of Educators, the North Carolina School Boards Association and dozens of local school boards.

About 5,500 students applied for the annual grants of up to $4,200 per child, and the first $730,000 in tuition money for more than 360 students was released last Friday.

Hobgood issued a permanent injunction prohibiting any more state funds from being disbursed for vouchers. He said it would be up to the Attorney General's Office to determine how the state would recoup the money handed out last week if the ruling is upheld on appeal.

State lawmakers created the voucher program last year, setting aside $10 million for the Opportunity Scholarships to start in the 2014-15 school year. They added more money to the program in this year's budget to accommodate as many of the applicants as possible.

[Qiviut]

The “fix” is in to keep kids in public school indoctrination centers. Jindal just had his EO banning Common Core overturned by a judge as well.

The only way to get the country back is to bring kids up with morals, values, and the ability to READ, WRITE, and do ARITHMETIC ... sex education, feminist studies, diversity, all that CRAP needs to go. Parents need to quit handing their kids over to the government for indoctrination. If you can’t home school yourself, band together with some other families who feel the same way and form a co-op for home schooling. Kids are the country’s most precious resource and the parents who have them should raise & bring them up - it’s not easy and most often, sacrifice is required.

[SoFloFreeper]

Self rule? Nope. Judges and fascists try to make the rules.

I really am getting sick and tired of them. Uphold the law, quit trying to create law.

[yefragetuwrabrumuy]

Judge Robert Hobgood was a Democrat elected to the state legislature, and he stands in the way of every Republican education initiative, repeating and backing the teacher’s union at every opportunity.

However, this will likely soon change:

http://www.newsobserver.com/2014/08/16/4074408/three-judge-panel-system-could.html

“(The NC state legislature) passed another law, this one making those kinds of lawsuits less likely to succeed when filed in state court. Beginning in September, all constitutional challenges to laws will be heard by three-judge trial court panels appointed by the chief justice of the state Supreme Court. The move takes those cases out of the hands of individual Superior Court judges...”

To a great extent, judge Hobgood’s persistent leftism caused this law to be written.

[nathanbedford]

My guess (repeat, "guess") is that the court ruled that the voucher program is contrary to the Constitution of North Carolina rather than to the United States Constitution.

For me, the part of the article which was most striking was this:

the General Assembly is required to ensure students receive a sound education, and Hobgood said lawmakers can't delegate that authority to "unregulated private schools" and to parents "who have self-assessed their children to be at risk."

I'm confused by this because I assume that every private school in North Carolina is "regulated" and must already conform to state standards but I am struck by the quotation because of its assumptions:

1) that regulations produces sound education and, indeed, there cannot be sound education without regulation, and

2) that parents are not a legitimate institution to "assess" whether their children are at risk. Here we see yet another example of the state substituting its dominion over our children for the care and concern of parents.

Both of these assumptions are socialistic in character, they are indicative of a statist mentality, product of a "progressive" mind, and will inevitably lead to an authoritarian society.

[Political Junkie Too]

Hobgood ruled, however, that the private schools can discriminate in their admissions and don't have the same curriculum and teacher certification standards as North Carolina's public schools.

"Appropriating taxpayer funds to unaccountable schools does not accomplish a public purpose," he said.

Under the long-running Leandro school funding lawsuit, the General Assembly is required to ensure students receive a sound education, and Hobgood said lawmakers can't delegate that authority to "unregulated private schools" and to parents "who have self-assessed their children to be at risk."

He's a state Superior Court judge. Given what he said above, did he cite exactly where in the state Constitution this was found to be unconstitutional, or is this just his "feeling?"

-PJ

[DoodleDawg]

I have NEVER understood why it is constitutional to give out loans and grants for student to attend a private or religious college, but is is apparently unconstitutional to give out grants in the form of vouchers for students to attend a private or religious primary school.

I'm not aware of states giving grants to attend private colleges. State schools, yes. But not private ones. Loans are a whole different matter. I suppose if the state of North Carolina was offering loans for private schools then that might have made it through.

[GIdget2004]

“I’m not aware of states giving grants to attend private colleges. State schools, yes. But not private ones.”

Many (most?) states support grant programs that are open to students attending both private and public colleges and universities. I’ve worked in college financial aid in six different states, and all have offered public state money for private colleges.

[lastchance]

All your children are belong to us.

[lastchance]

Because students going to private schools means fewer students in public schools which means fewer FTEs which means fewer federal and state dollars which means because they said so that’s why!

You can’t indoctrinate a child unless his butt is in the classroom.

[lastchance]

Private schools are accredited so what in the Sam Hill is he jawing on about? Does he mean “out of union control”?

[gr8eman]

I am sure it can be argued that there are encroachments on at least 5 US Constitutional amendments in those statements and my ballroom crystal ball tells me the judge calls himself “Progressive”!

[Prospero]

Can't be a coincidence that Hobgood waited until the General Assembly adjourned, last night, to issue this not-unexpected ruling.

Let the Education Oligarchs defend defunding an alternative aimed at helping poor folks and mitigating rat-trap schools.

[Kickass Conservative]

Public Education is Unconstitutional.

If People decide to have Children, they are the ones that have the responsibility to feed, clothe and educate them.

Ooooh, what a meanie. LOL

[sphinx]

I had the same thought. My initial reaction was that the judge had probably ruled on the basis of a Blaine Amendment lurking in the NC constitution. The story, however, suggests that the judge simply disagrees with the legislature’s policy judgments and goals. And being a modernist judge, he naturally ruled that anything he disagrees with is unconstitutional. If that’s the case, there is probably a good chance for reversal.

[Noamie]

I have an issue with one group of citizens being given an opportunity that is denied to another group of citizens. Especially when the determining factor is a tax return.

Either offer vouchers to all, or none. Equal protection needs a serious come back.

[sphinx]

I’m all in favor of that. Voucher the schools.

[PghBaldy]

Did the GI Bill allow use at religious colleges? /honest question. I assume yes, but don’t know.

[B4Ranch]

>>$4,200 per child<<

Hmmmmmmm. Let’s see. I got me 5 kids goin to dat school. How much money are you gonna gimme? $21 thousand dollars! No way, Baby. I love my kids!

[MrB]

Making the public schools compete for students would go a long way to improving overall education in America.

[Colonel_Flagg]

Not to be pedantic, but what is there to stop Hobgood or some other liberal from declaring THAT law unconstitutional?