The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.
History Note. - The provisions of this section are similar to those of Art. I, § 27, Const. 1868.
Legal Periodicals. - For comment on state regulation of private religious schools, see 16 Wake Forest L. Rev. 405 (1980).
For article analyzing the evolution of first amendment speech rights in North Carolina, see 4 Campbell L. Rev. 243 (1982).
For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).
For article, "Constitutional Rights of Students, Their Families, and Teachers in the Public Schools," see 10 Campbell L. Rev. 353 (1988).
For article, "Of Libel, Language, and Law: New York Times v. Sullivan at Twenty-Five," see 68 N.C.L. Rev. 273 (1990).
For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2252 (1997).
For note on Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997), annotated under this section, see 76 N.C.L. Rev. 1481 (1998).
For article, "Leandro v. State and the Constitutional Limitation on School Suspensions and Expulsions in North Carolina" see 83 N.C. L. Rev. 1507 (2500).
CASE NOTES
Mandate of Section. - The provisions of this section and N.C. Const., Art. IX, § 2(1), with the activating statutes, embody a mandate for the establishment of free public schools in North Carolina, the untrammeled privilege of education for all students, and the duty of the State to maintain and guard that right, while guaranteeing equal opportunities to all students. Webster v. Perry, 512 F.2d 612 (4th Cir. 1975).
Challenge to School Financing. - Action for declaratory and injunctive relief brought by minors who were or would be in the future enrolled in public schools in the county, and their parents or legal guardians, alleging that the present statutory system of financing public schools in this State resulted in inequities in educational programs and facilities between the public schools within that county, which had a relatively low tax base from which to draw funds, and those in other counties with relatively high tax bases, and that the operation of five separate school systems in that county prohibited effective use of facilities and staff and promoted inequitable use of State and local funds, thus depriving them of equal opportunity to a free public school education in violation of this section, N.C. Const., Art. I, §§ 1 and 19, and Art. IX, § 2(1), failed to allege facts entitling them to relief or conferring jurisdiction on the courts of this State. Britt v. North Carolina State Bd. of Educ., 86 N.C. App. 282, 357 S.E.2d 432, appeal dismissed, 320 N.C. 790, 361 S.E.2d 71 (1987).
Fee waiver policy adopted by city board of education was unconstitutional where it failed to establish mechanism by which the schools would affirmatively notify students and their parents of the availability of a waiver or reduction of the fee or by which the students or parents themselves might apply for a partial or complete exemption from the fee requirements, since the waiver policy did not fairly guarantee to low income and indigent students their right of equal access to the educational opportunities available at their schools and did not accord procedural due process to such students. Sneed v. Greensboro City Bd. of Educ., 299 N.C. 609, 264 S.E.2d 106 (1980).
No Right to Disseminate Pornography. - The right to an education does not involve the right to disseminate material which, but for its use in an educational context, would otherwise be deemed obscene. Any serious educational value of sexually-explicit materials must be derived, in turn, from some serious literary, artistic, political, or scientific value. State v. Watson, 88 N.C. App. 624, 364 S.E.2d 683, cert. denied, 322 N.C. 485, 370 S.E.2d 235 (1988).
Discipline of Disabled Student Proper. - Plaintiffs, student's parents, offered no evidence to show a violation of any North Carolina statute or the North Carolina Constitution where student diagnosed with attention deficit hyperactivity disorder admitted that he had a gun clip with live bullets in school and he was subjected to external school suspension, his parents attended and participated in disciplinary proceedings, and he was assigned to management school which could accommodate his specialized needs. Glen ex rel. Glen v. Charlotte-Mecklenburg Sch. Bd. of Educ., 903 F. Supp. 918 (W.D.N.C. 1995).
Sound Basic Education. - Article I, § 15 and Art. IX, § 2 of the North Carolina Constitution combine to guarantee every child of this state an opportunity to receive a sound basic education in our public schools. Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997).
For purposes of our Constitution, a sound basic education will provide the student with at least: (1) sufficient ability to read, write, and speak English and a sufficient knowledge of fundamental math and physical science to enable the student to function in a complex and rapidly changing society; (2) sufficient fundamental knowledge of geography, history and basic economic and political systems to enable the student to make informed choices regarding personal issues or issues that affect the community, state, and nation; (3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or vocational training; (4) and sufficient academic and social skills to enable the student to compete on an equal basis with others in further formal education or gainful employment. Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997).
Equal Funding Not Required. - Although the State Constitution requires that access to a sound basic education be provided equally in every school district, the equal opportunities clause of Art. IX, § 2(1) does not require substantially equal funding or educational advantages in all school districts. Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997).
Cited in Givens v. Poe, 346 F. Supp. 202 (W.D.N.C. 1972); Poovey v. Edmisten, 526 F. Supp. 759 (E.D.N.C. 1981); Duro v. District Att'y, 712 F.2d 96 (4th Cir. 1983); In re Roberts, 150 N.C. App. 86, 563 S.E.2d 37 (2002), cert. granted, 356 N.C. 163, 569 S.E.2d 282 (2002), cert. denied, - U.S. - , 124 S. Ct. 103, 157 L. Ed. 2d 38 (2003).