The county filed five briefs that seek to dismiss the action; dismiss attorney fees; dismiss certain parties; dismiss for failure to join necessary parties and a motion to strike.

Judge Russell Duke will hear the arguments Tuesday at 10 a.m. in the superior courtroom at the Halifax County Courthouse on Ferrell Lane in Halifax.

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“The plaintiffs have directed their attention to the Halifax County Board of Commissioners,” the motion to dismiss the action, filed by Fayetteville attorney Neil Garris Yarborough and County Attorney Glynn Rollins said. “Plaintiffs contend (without citing any authority) that the board is constitutionally obligated to structure a system of public education that meets the qualitative mandates established by the North Carolina Supreme Court … The plaintiffs further contend (again without citing any authority) that the board is the only entity in Halifax County that has both a constitutional obligation to see that every schoolchild has the opportunity to receive a sound basic education; and it is the only entity in Halifax County that has the power to address the structural deficiencies inherent in its education delivery system.”

The brief says the plaintiffs have failed to state a claim for which relief can be granted. “It is the state of North Carolina, not the Halifax County Board of Commissioners, that has the constitutional duty and authority to provide a system of public education which affords Halifax County students with the opportunity for a sound basic education. The people have a right to the privilege of education, and it is the duty of the state to guard and maintain that right.”

In the brief to dismiss as to attorney fees, the county argues, the plaintiffs have not cited any statutory or case law authority for said prayer for relief.

In the brief asking to dismiss certain parties, the county argues, “In this action, the plaintiffs Latonya Silver, Brenda Sledge and Felicia Scott are each suing in their individual capacity. In addition, the plaintiff Latonya Silver alleges that she is the guardian ad litem of the minor plaintiffs Brianna Silver, Larry Silver III and Dominick Silver all of whom are enrolled in Halifax County Public Schools.

“The plaintiff Brenda Sledge alleges that she is the guardian ad litem of the minor plaintiff Alicia Jones, who is also enrolled in Halifax County Public Schools.

“The plaintiff Felicia Scott alleges that she is the guardian ad litem of the minor plaintiff Jamier Scott, who is enrolled in Weldon City Schools. However, an examination of the court record reveals that no guardian ad litem has been appointed to represent any of the minor plaintiffs as required by Rule 17 of the N. C. Rules of Civil Procedure.”

The county argues the plaintiff Coalition for Education and Economic Security alleges it is an unincorporated community association of Halifax County residents who work for the improvement of public education and its membership includes parents whose children are enrolled in public schools in one of the county's three school districts.

“The only plaintiffs who have standing to bring this action are the minor plaintiffs, but only if each minor is actually represented by a duly appointed guardian ad litem,” the brief says. “ … The individual adult plaintiffs in this action are not students enrolled in any of the three public school administrative units in Halifax County. Presumably they will not be enrolling in any of these three school systems in the future. They have not alleged facts that would indicate how they personally would be injured by the alleged failure of the Halifax County Board of Commissioners to restructure the three independent school districts in Halifax County in a manner that the plaintiffs deem appropriate.”

The document continues, “Although they have concerns about the opportunity for their children to receive a sound basic education, those concerns can be fully addressed in this litigation through the minor plaintiffs, so long as each minor plaintiff appears by a duly appointed guardians ad litem.”

The brief supporting dismissal for failure to join necessary parties explains commissioners had nothing to do with the creation or continued existence of the three school systems. “The Leandro Cases clearly established the constitutional responsibility for providing public education as being that of the State of North Carolina and not the board. It must be noted that in both of these constitutional provisions, the burden and responsibility is placed upon the state and the General Assembly. Nowhere is the constitutional responsibility for public education placed on local governments.”

The briefs notes consolidation would put at risk the substantial improvements all three school districts have shown over the past few years and would create great hardships for all the residents of Halifax County, including massive and unprecedented school reassignments, hefty tax increases, and great uncertainty as to the leadership and direction of the merged district. “Further, educational research suggests that reassigning students in these three school districts for racial and socioeconomic balance would not result in any significant improvement in student performance.

“Indeed, merging the three districts on the basis of a belief that poor and minority students cannot succeed unless they attend school with enough white and middle-class students may send a demoralizing message and could prove profoundly counter-productive.”

Merger, the document says, would also interfere with local autonomy, reduce opportunities for citizens to participate in decision-making, and discourage educational experimentation and innovation. “As neighboring school districts and educational partners who are deeply committed to student achievement, WCS and RRGSD are confident that each of the three school districts will continue to build on their recent successes and will promote opportunity for their respective student bodies. To merge these districts against their will and without widespread popular support would be a profound mistake and would not serve the interests of the children of Halifax County.”

In the brief supporting the motion to strike the county contends the introduction of the original lawsuit is not numbered and in violation of North Carolina Rules of Civil Procedure, which allow the court to strike any insufficient defense or any redundant material. “The court, in its discretion, should strike the 'Introduction' section of the plaintiffs' complaint as redundant and impertinent and in violation of Rule 10(b).”