Hart v. State

774 S.E.2d 281, 368 N.C. 122, 2015 N.C. LEXIS 655
Supreme Court of North Carolina·Decided July 23, 2015·No. 372A14·Published·Cited by 58 cases

Opinions

[126] MARTIN, Chief Justice.

When assessing a challenge to the constitutionality of legislation, this Court’s duty is to determine whether the General Assembly has complied with the constitution. If constitutional requirements are met, the wisdom of the legislation is a question for the General Assembly. E.g., In re Hous. Bonds, 307 N.C. 52, 57, 296 S.E.2d 281, 284 (1982). In performing our task, we begin with a presumption that the laws duly enacted by the General Assembly are valid. Baker v. Martin, 330 N.C. 331, 334, 410 S.E.2d 887, 889 (1991). North Carolina courts have the authority and responsibility to declare a law unconstitutional,1 but only when the violation is plain and clear. State ex rel. Martin v. Preston, 325 N.C. 438, 449, 385 S.E.2d 473, 478 (1989). Stated differently, a law will be declared invalid only if its unconstitutionality is demonstrated beyond reasonable doubt. Baker, 330 N.C. at 334-35, 410 S.E.2d at 889.

In this case plaintiffs challenge the Opportunity Scholarship Program, which allows a small number of students2 in lower-income families to receive scholarships from the State to attend private school. According to the most recent figures published by the Department of Public Instruction, a large percentage of economically disadvantaged students in North Carolina are not grade level proficient with respect to the subjects tested on the State’s end-of-year assessments.3 Disagreement exists as to the innovations and reforms necessary to address this and other educational issues in our state. Our state and country benefit from the debate between those with differing viewpoints in this quintessentially political dialogue. Such discussions inform the legislative process. But the role of judges is distinguishable, as we neither participate in this dialogue nor assess the wisdom of legislation. Just as .the legislative and executive branches of government are expected to operate within their constitutionally defined spheres, so must the courts. See In re Alamance Cty. Court Facils., 329 N.C. 84, 94, 405 S.E.2d 125, 130 (1991) (“Just as [127] the inherent power of the judiciary is plenary within its branch, it is curtailed by the constitutional definition of the judicial branch and the other branches of government.”).4 Our constitutionally assigned role is limited to a determination of whether the legislation is plainly and clearly prohibited by the constitution. Because no prohibition in the constitution or in our precedent forecloses the General Assembly’s enactment of the challenged legislation here, the trial court’s order declaring the legislation unconstitutional is reversed.

* ⅜ ⅜

I

Under the provisions of the Opportunity Scholarship Program,5 the State Educational Assistance Authority (the Authority) makes applications available each year “to eligible students for the award of scholarship grants to attend any nonpublic school.” N.C.G.S. § 115C-562.2(a) (2014). An “[e]ligible student” is defined as “a student who has not yet received a high school diploma” and who, in addition to meeting other specified criteria, “[r]esides in a household with an income level not in excess of one hundred thirty-three percent (133%) of the amount required for the student to qualify for the federal free or reduced-price lunch program.” Id. § 1150-562.1(3) (2013). A “[n]onpublic school” is any school that meets the requirements of either Part 1 (“Private Church Schools and Schools of Religious Charter”) or Part 2 (“Qualified Nonpublic Schools”) of Article 39 of Chapter 115C of the General Statutes. Id. § 1150-562.1(5) (2013).

The Authority awards scholarships to the program’s applicants, with preference given first to previous scholarship recipients, and then to students in lower-income families and students entering kindergarten or the first grade. Id. § 115C-562.2(a). Subject to certain restrictions, [128] students selected to participate in the program may receive a scholarship grant of up to $4,200 to attend any nonpublic school. Id. § 115C-562.2(b) (2014). Once a student has been selected for the program and has chosen a school to attend, the Authority remits the grant funds to the nonpublic school for endorsement, and the parent or guardian “restrictively endorse [s] the scholarship grant funds awarded to the eligible student to the nonpublic school for deposit into the account of [that] school.” Id. § 115C-562.6 (2013).

A nonpublic school that accepts a scholarship recipient for admission must comply with the requirements of N.C.G.S. § 115C-562.5(a), which include: (1) providing the Authority with documentation of the tuition and fees charged to the student; (2) providing the Authority with a criminal background check conducted on the highest ranking staff member at the school; (3) providing the parent or guardian of the student with an annual progress report, including standardized test scores; (4) administering at least one nationally standardized test or equivalent measure for each student in grades three or higher that measures achievement in the areas of English grammar, reading, spelling, and mathematics; (5) providing the Authority with graduation rates of scholarship program students; and (6) contracting with a certified public accountant to perform a financial review for each school year in which the nonpublic school accepts more than $300,000 in scholarship grants. Id. § 115C-562.5(a)(l)-(6) (2014). Nonpublic schools enrolling more than twenty-five Opportunity Scholarship Program students must report the aggregate standardized test performance of the scholarship students to the Authority. Id. § 115C-562.5(c) (2014). Furthermore, all nonpublic schools that accept scholarship program students are prohibited from charging additional fees based on a student’s status as a scholarship recipient, id. § 115C-562.5(b)- (2014), and from discriminating with respect to the student’s race, color, or national origin, id. § 115C-562.5(cl) (2014); see also 42 U.S.C. § 2000d (2012). Nonpublic schools that fail to comply with these statutory requirements are ineligible to participate in the program. N.C.G.S. § 115C-562.5(d) (2014).

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Hart v. State, 774 S.E.2d 281, 368 N.C. 122, 2015 N.C. LEXIS 655 (N.C. 2015).

774 S.E.2d 281 (Hart v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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