Omar Bennett
The North Carolina Constitution, which was ratified in 1970, guarantees the right to education in Article 1, Section 15, stating that the people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right. Article 9 of the constitution further elaborates on the state's responsibilities regarding education, including the establishment and maintenance of a uniform system of free public schools, the role of the State Board of Education in administering the public school system, and the maintenance of a public system of higher education.
| Characteristics | Values |
|---|---|
| Education encouraged | Religion, morality, and knowledge are necessary for good government and the happiness of mankind, so schools, libraries, and other educational resources should be encouraged |
| Uniform system of schools | The state should provide a general and uniform system of free public schools, maintained for at least nine months a year, with equal opportunities for all students |
| Local responsibility | Local governments may be assigned financial responsibility for public education and can use local revenues to supplement school programs |
| State school fund | Proceeds from land grants, money, stocks, bonds, and other property belonging to the state for public education purposes should be paid into the state treasury and used exclusively for establishing and maintaining free public schools |
| Higher education | The state should maintain a public system of higher education, including the University of North Carolina and other institutions, and provide for the selection of trustees |
| Right to education | The people have the right to education, and it is the duty of the state to safeguard and maintain this right |
| Interpretation | The state supreme court has interpreted the right to education as guaranteeing students a "sound basic education" that prepares them to participate and compete in society |
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What You'll Learn
The right to education
The North Carolina Constitution, in Article 1, Section 15, states that "the people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right." This is unique among state constitutions, as it places the right to education in the Declaration of Rights, alongside other fundamental rights like jury trials and religious liberty.
The North Carolina Constitution goes beyond simply mentioning public education, as is the case in other state constitutions, and instead, explicitly recognises education as a right. This right to education is further emphasised in Article 9, which focuses on the state's role in providing and supporting education.
Article 9, Section 1 of the North Carolina Constitution encourages education, stating that "schools, libraries, and the means of education shall forever be encouraged." The following section, Article 9, Section 2, outlines the state's responsibility to provide a "general and uniform system of free public schools," which should be maintained for at least nine months every year, offering equal opportunities to all students.
The State Board of Education is tasked with supervising and administering the free public school system and managing the educational funds, except for those mentioned in Section 7 of Article 9. This section specifies that certain proceeds, grants, gifts, and other sources of funding for public education should be paid into the State Treasury and used exclusively for establishing and maintaining the uniform system of free public schools.
Furthermore, Article 9, Section 3, addresses the role of the General Assembly in providing taxation and other financial support to ensure the operation of these free public schools. The General Assembly also has the authority to assign financial responsibilities to local governments for supporting public education, allowing them to use local revenues to enhance school programs.
The North Carolina Constitution's recognition of the right to education has been the subject of litigation, with the state's supreme court interpreting this right as guaranteeing students a "sound basic education." This interpretation sets a standard for the quality of education that students should receive, and it has raised questions about the state's obligations regarding funding and opportunities for schoolchildren.
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Funding and support
The North Carolina State Constitution guarantees "the right to the privilege of education" for all children and confirms that it is the state's duty to "guard and maintain that right." The constitution also provides for the funding and support of education through various means, including:
State Funding
The state is the primary source of funding for public schools in North Carolina, contributing around 60-65% of total funding. The state is constitutionally required to maintain a "general and uniform system of free public education." The General Assembly determines overall funding amounts, and schools receive state funds through various programs, such as the North Carolina Education Lottery, which contributes 4% to the state's public school fund. The state also provides funding for teacher salaries, textbooks, school technology, and transportation.
Local Funding
Counties in North Carolina are responsible for building, maintaining, and equipping school facilities. They are required to set aside a portion of their sales taxes for this purpose and can also issue bonds for school construction projects. Local funds can be used to supplement school operating expenses and increase teacher salaries. However, this has led to funding disparities between higher- and lower-wealth districts.
Federal Funding
The federal government also provides funding for public schools in North Carolina, contributing around 11% of total funding. This funding supports various programs, including special education programming and services at the school level.
Other Sources of Funding
The North Carolina Constitution also mentions other sources of funding for education. For example, the proceeds of lands granted by the United States to the state, as well as moneys, stocks, bonds, and other property belonging to the state for public education purposes, are to be paid into the State Treasury and used exclusively for establishing and maintaining a uniform system of free public schools. Additionally, the General Assembly may place the proceeds of civil penalties, forfeitures, and fines collected by state agencies in a State fund to be appropriated for maintaining free public schools. The constitution also allows the state to issue revenue bonds to finance and refinance the cost of acquiring, constructing, and financing higher education facilities. Furthermore, local governments can issue revenue bonds to finance or refinance health care facility projects.
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School governance
The North Carolina Constitution, which was ratified in 1970, guarantees its citizens the right to education. Article 1, Section 15 of the constitution states that "the people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right."
The State Board of Education is responsible for supervising and administering the free public school system and educational funds, except for those mentioned in Section 7 of Article 9. The Board is also tasked with creating rules and regulations for the public school system, subject to laws enacted by the General Assembly.
Article 9 of the North Carolina Constitution outlines the responsibilities of the General Assembly regarding education. The General Assembly is responsible for providing a general and uniform system of free public schools by taxation and other means. These schools are to be maintained for at least nine months every year, and equal opportunities shall be provided for all students. The General Assembly may also assign financial responsibility for the public schools to local governments, allowing them to use local revenues to supplement public school programs.
Additionally, the General Assembly is responsible for maintaining a public system of higher education, which includes The University of North Carolina and other institutions. They have the power to select trustees for these institutions and provide for the management of educational funds.
The North Carolina Constitution ensures that proceeds from various sources, including land grants, moneys, stocks, bonds, and other property belonging to the state for public education purposes, are appropriated exclusively for establishing and maintaining a uniform system of free public schools.
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Equality in education
The North Carolina Constitution, written during the American Revolution in 1776, rewritten during Reconstruction in 1868, and ratified in its current form in 1970, guarantees its people the right to education.
Article 1, Section 1 of the North Carolina Constitution states that "all persons are created equal" and "are endowed by their Creator with certain inalienable rights" including "life, liberty". Article 1, Section 15 further emphasizes the right to education, stating that "the people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right."
The North Carolina Constitution is unique in that it places the right to education in the Declaration of Rights, alongside other fundamental rights such as the right to a jury trial and religious liberty. This stands in contrast to the U.S. Constitution, which does not mention public education.
Article 9 of the North Carolina Constitution discusses the state's commitment to providing a general and uniform system of free public schools and ensuring equal opportunities for all students. It states that the General Assembly shall provide taxation and other means necessary to maintain these schools for at least nine months every year. The State Board of Education is tasked with supervising and administering this free public school system, as well as managing the educational funds that support it.
The North Carolina Constitution also addresses higher education, stating that the General Assembly shall maintain a public system of higher education, which includes The University of North Carolina and other institutions deemed appropriate.
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Higher education
The North Carolina Constitution, written during the American Revolution in 1776, rewritten during Reconstruction in 1868, and ratified for the third and final time in 1970, guarantees its citizens the right to education.
Article 1, Section 15 of the North Carolina Constitution states that "the people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right." The State Supreme Court has interpreted this to mean that students are guaranteed a "sound basic education." This interpretation has raised questions about the amount of funding and the types of opportunities the state is required to provide to students.
Article 9 of the North Carolina Constitution is dedicated to the topic of education. Section 1 of Article 9 encourages education, stating that "religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged." Section 2 of Article 9 establishes the state's responsibility to provide "a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students."
Section 3 of Article 9 addresses the role of the State Board of Education in supervising and administering the free public school system and educational funds, with the exception of certain specified funds.
Section 8 of Article 9 specifically addresses higher education. It states that the General Assembly shall maintain a public system of higher education, which includes the University of North Carolina and other institutions of higher learning as deemed appropriate by the General Assembly. The General Assembly is also responsible for appointing trustees for these institutions, who are vested with all the privileges, rights, franchises, and endowments granted to previous trustees.
The North Carolina Constitution's recognition of the right to education is unique among state constitutions. While the U.S. Constitution does not mention public education, North Carolina's constitution places this right alongside other fundamental rights such as jury trials and religious liberty.
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Frequently asked questions
Article 1, Section 15 of the North Carolina Constitution discusses education.
Article 1, Section 15 states that "the people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right."
Article 9 of the NC Constitution is dedicated to education and includes sections on the encouragement of education, the provision of a uniform system of free public schools, and the maintenance of a public system of higher education.
The State Board of Education is responsible for supervising and administering the free public school system and educational funds (excluding those mentioned in Article 9, Section 7). They are also tasked with creating rules and regulations for the system, subject to laws enacted by the General Assembly.
The US Constitution does not mention a right to public education, whereas the NC Constitution guarantees this right in its Declaration of Rights, alongside jury trials and religious liberty.
