Parents seeking better schools for their kids were left in limbo when a court struck down the state's Opportunity Scholarships program last month, shortly after the school year began but before they'd received tuition dollars. An appellate court ruling Friday let them off the hook for now. But the program isn't likely to survive a broader appeal.
The Constitution of North Carolina can be read in different ways. You can read it aloud from a book. You can peruse it on the Internet. You can hold a printed sheet up to the light and cross your eyes so the letters blur and you imagine penumbras emanating from the page.
But some things are hard to misconstrue.
Article 1 says that the people have the right to the privilege of education. Article 5 says the power of taxation shall be exercised for public purposes only. Article 9 says the state shall provide for a uniform system of free public schools. The same article says tax dollars shall be used exclusively for maintaining public schools.
Legislators, most of whom are lawyers, surely knew they were acting improperly when they approved the program. Presumably they did not pass the state bar without reading the state constitution, though some may need a refresher.
Opportunity Scholarships offered low-income families the same chance that many wealthy families have to send their children to private tuition-based schools. That's a worthwhile goal, but that doesn't make it OK to ignore the law.
In his earlier ruling against the program, Superior Court Judge Robert Hobgood said it not only gave tax dollars to non-public schools, but established no standards for the schools to which the money would go.
Friday's decision wisely allows the children already enrolled to continue through this school year. There's no point in penalizing families who believed they were part of a legitimate state program.
But lawmakers should stop hoping for a court to read the constitution crossed-eyed and discern something that isn't there. The General Assembly should prepare for the rejection of Opportunity Scholarships.
Hobgood's ruling also spelled out the way legislators can fix this: "The expenditure of public funds raised by tax action to finance the operation of privately operated, managed and controlled schools ... would require a constitutional amendment approved by the vote of the citizens of North Carolina."
To preserve Opportunity Scholarships, stop pretending and begin the amendment process. And also include standards to hold participating private schools accountable.
