“We have decided to fight on and today filed an appeal of the judge’s ruling,” the letter, verified by chapter President David Harvey, said. “Our decision to appeal was reached after deep reflection. And we feel obligated to share the reasons for our conclusion to appeal with you, with public school teachers and all who are concerned about the value of public education and its impact on our children and the future of Halifax County.”
The letter says the case rests squarely on the guarantee in the North Carolina Constitution that each child has a right to a sound basic education. “Halifax County commissioners, who have taken an oath to support and maintain the laws of North Carolina and our state constitution, are, consequently, duty bound to assure each child does, indeed, have access to a sound basic education as promised.
“Few would argue that our public school districts fail to deliver on this promise to every child. So why did the judge dismiss our case? He said in his ruling that he is not convinced that the county commissioners have any responsibility to ensure that a constitutionally compliant public education system is provided to school children.”
The NAACP believes if county commissioners can skirt this responsibility, then there is no way to assure that the state constitution can be enforced at the local level. “And if it is not enforced by those who take an oath to maintain it, our Constitution becomes empty words. That’s why we are appealing his decision.”
The letter announcing the appeal, which as of this report had not been filed electronically in the court system, addresses the perception the NAACP and other plaintiffs in the case are running up fees which the county must pay. “And it is true that the commissioners spent over $15,000 defending a school system that is failing the majority of our children. Keep in mind that it was their decision to go to court to defend the status quo.”
Referencing the Evergreen Solutions Report, the letter says the county “had the option to explore a resolution without going to court. They never did. Those who are sincerely concerned about the burden on taxpayers from this lawsuit should ask our commissioners why they paid $112,000 for a study to improve public education and put the report on the shelf. They should ask why the commissioners have not pursued recommendations from their Evergreen Solutions Report which could have saved taxpayers over $11,000,000 once implemented.
“They should ask the commissioners why they continue to support a sales tax formula that takes money collected from all over the county and directs funds into only two of the three school districts, creating huge funding inequities and forcing residents to subsidize schools that their children are not allowed to attend.”
The report explains the matter is not solely about merger, as has been reported by some media outlets. “While we do support one county one district as the first step to achieve a more efficient, more equitable, and higher quality education system for all children, it is not what we have asked for in court. We asked the court to order the board of commissioners to develop and implement a plan to remedy the constitutional violations of its present education delivery system and to ensure that every student in Halifax County is provided the opportunity to receive a sound basic education. We don’t assume that merger is the only solution. We are open to any ideas that achieve fairness and quality education for all children.”
The letter explains the plaintiffs in the case “know what exists now isn’t working. It’s high time to consider alternatives.”
Harvey said this morning the appeal was a natural progression after Judge Russell Duke struck the original lawsuit down in the lower court. “The NAACP has been doing this for years. The road to justice is a hard road. Brown versus the Board of Education went all the way to the United States Supreme Court. People have to be willing to admit we have a problem. The commissioners and school system, especially in Roanoke Rapids, don't feel there is a problem.”
Harvey said even the Evergreen report didn't specify merger. “There are many ways to improve education than just having a bus garage together. Merger was never the only option. There were steps we could have taken.”
Harvey said even though the case is now in the hands of the state Court of Appeals, “It's never too late to talk because our children's future is at stake. Our attorneys never said they wouldn't talk. It's never too late to talk.”
Board of commissioners Chairman Vernon Bryant said this morning, “We are moving forward and will allow our attorneys to represent us in this matter and wait for the court to render a final decision.”
