N.C.P.I.—Civil 814.95

(This document has an attachment: Verdict Sheet. Directions for

accessing the attachment appear at the end of this document.)

The [state number] issue reads:

“What amount of money is legally necessary from all sources and

what amount of money is legally necessary from the board of county

commissioners in order to maintain a system of free public schools as

defined by state law and State Board of Education policy?”

For your convenience in analyzing the evidence I have separated

this one issue into subparts on the verdict sheet for your consideration,

as follows:1

1. What amount of money is legally necessary from all sources in

order to maintain a system of free public schools as defined by

state of law and State Board of Education policy?

a) Current operating expenses: $

b) Capital outlay: $

2. What amount of money is legally necessary from the (name

county) Board of County Commissioners in order to maintain a

system of free public schools as defined by state law and State

Board of Education policy?

a) Current operating expenses: $

b) Capital outlay: $

3. What amount of money has been appropriated by the (name

county) Board of County Commissioners to maintain the (name

county) schools?

a) Current operating expenses: $

b) Capital outlay: $

4. What additional amount of money, if any, beyond the amount

already appropriated by the (name county) Board of County

Commissioners, is legally necessary from the Board of County

Commissioners in order to maintain a system of free public

schools as defined by state law and State Board of Education

policy?

a) Current operating expenses: $

b) Capital outlay: $

Your answers to these subparts of the issue will constitute your

verdict in this civil action.

I now will discuss the issue and explain the law which you should

consider as you deliberate upon your verdict.

The issue to be decided by you, the jury, is as follows:

“What amount of money is legally necessary from all sources and

what amount of money is legally necessary from the board of county

commissioners in order to maintain a system of free public schools as

defined by state law and State Board of Education policy?”

The burden of proof on this issue is on the plaintiff [name local

Board of Education]. The plaintiff must prove by the greater weight of the

evidence the amount of money necessary to maintain a system of free

public schools for [name county] County. I instruct you that “maintain”

means to keep in good condition or operation; to support or provide for.2

In this case the plaintiff [name local Board of Education] contends,

and the defendant [name Board of County Commissioners] denies, that it

needs additional money from the Board of County Commissioners in fiscal

year [identify school year] for its current operating expenses needs and

also for its capital outlay needs. Capital outlay consists of funds for

facilities and capital improvements.

[NOTE WELL: The full definition of capital outlay is set

forth in N.C. Gen. Stat. § 115C-426(f) and may be used

as needed.]

Current operating expenses include funds other than those used for

facilities and capital improvements.3

Therefore, you the jury will make separate determinations as to

current operating expenses and as to capital outlay.

North Carolina law requires the Board of County Commissioners to

provide that appropriation legally necessary to support a system of free

public schools, as defined by state law and the policies of the North

Carolina State Board of Education.4 In determining the amount that is

legally necessary, you must first consider the educational goals and

policies of both the State and the [name local Board of Education],5 the

budgetary request of the [name local Board of Education], and the

financial resources and the fiscal policies of the [name county Board of

Commissioners] and the [name local Board of Education].6

It is the policy of the State of North Carolina to create a public

school system that ensures a quality education for every child in North

Carolina,7 and that graduates good citizens with the skills demanded in

the market-place and necessary to cope with contemporary society, using

State, local and other funds in the most cost-effective manner.8

It is the law of the State of North Carolina that the facilities

requirements for a public school system shall be met by county

governments.9 North Carolina law imposes on local boards of education

the statutory duty to provide an adequate school system,10 with

adequate school buildings equipped with suitable school furniture,

apparatus and supplies, and it shall be the duty of boards of county

commissioners to provide funds for the same.11

North Carolina law also explicitly contemplates the funding of

current operating expenses by county commissions when state funding is

insufficient.12

I instruct you that education is a governmental function so

fundamental in this state that our North Carolina Constitution contains a

separate article entitled “Education.” The constitutional provisions were

intended to establish a system of public education adequate to the needs

of a great and progressive people, affording school facilities of recognized

and ever-increasing merit to all the children of the state.13

The North Carolina Constitution provides every child the

constitutional right to the opportunity for a sound basic education.14 For

purposes of our constitution, a sound basic education is one that will

provide the student with at least: (1) sufficient ability to read, write and

speak the English language and a sufficient knowledge of fundamental

mathematics 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 issues

that affect the student personally or 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;

and (4) sufficient academic and social skills to enable the student to

compete on an equal basis with others in further formal education or

gainful employment in contemporary society.15

NOTE WELL: The State Board of Education policy is

constantly in flux. Reference will need to be made to

the State Board of Education policy relevant at the

time of the lawsuit. The parties may stipulate as to

what the relevant State Board of Education policy is. If

they do not, the court may need to conduct a pretrial

hearing as to what is the State Board of Education

policy.

For purposes of this lawsuit, the State Board of Education policy

provides (insert State Board of Education policy relevant to the time of

this lawsuit regarding the student performance levels necessary to obtain

a sound basic education).

The constitution mandates that the General Assembly “provide by

taxation or otherwise for a general and uniform system of free public

schools”16 and provides that the General Assembly “may assign to units

of local government such responsibility for the financial support of the

free public schools as it may deem appropriate.”17 The constitution also

provides that state revenues “shall be faithfully appropriated and used

exclusively for establishing and maintaining a uniform system of free

public schools.”18 The General Assembly then assigned to local school

boards, “in order to safeguard the investment made in public schools,”

the duty to “keep all school buildings in good repair to the end that all

public school property shall be taken care of and be at all times in proper

condition for use.”19 The General Assembly further legislated that “[a]

local board of education shall institute all actions, suits, or proceedings

against officers, persons, or corporations or other sureties for the

application of all money or property which may be due to or should be

applied to the support and maintenance of the schools.”20 I instruct

you that the plaintiff [name local Board of Education] is acting as an arm

of the State and is pursuing a governmental function in bringing this civil

action, or suit, to obtain funds to operate the public schools of [name

County].21

Finally, as to this issue on which the plaintiff has the burden of

proof, you must find, by the greater weight of the evidence, the amount

of money legally necessary from all sources to maintain a system of free

public schools for [name County]. You will make these findings both as to

current operating expenses and as to capital outlay. When you have

determined those amounts, you will write those amounts on the verdict

sheet in the appropriate space provided.

You will then determine what additional amounts of money, if any,

beyond the amount already appropriated by the Board of County

Commissioners is legally necessary from the Board of County

Commissioners in order to maintain a system of free public schools in

[name County] as defined by State law and State Board of Education

Policy. You will make this finding both as to current operating expenses

and as to capital outlay. When you have determined those amounts, you

will write those amounts on the verdict sheet in the appropriate space

provided.

NOTE WELL: The trial court also may consider giving

the jury calculation worksheet, similar to the below,

along with the verdict sheet.

SAMPLE CALCULATION WORKSHEET

1. Amount of money legally necessary from all sources: $________

[this total amount then should be broken down into the following

categories]:

(a) Current operating expenses: $

(b) Capital outlay: $

2. Amount of money legally necessary from the Board of County

Commissioners: $

[this total amount then should be broken down into the following

categories]:

(a) Current operating expenses: $

(b) Capital outlay: $

3. Amount of money has been appropriated by the Board of County

Commissioners for (name county) public schools: $

[this total amount then should be broken down into the following

categories]:

(a) Current operating expenses: $

(b) Capital outlay: $

4. Additional amount of money beyond the amount already appropriated

by the Board of County Commissioners that is legally necessary from the

Board of County Commissioners, subtract the total in (3) from the total

in

(2) = $ .

[this total amount then should be broken down into the following

categories]:

(a) Current operating expenses: $

(b) Capital outlay: $

Verdict Sheet found in attached PDF.

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