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In a stunning rebuke to the North Carolina case for School Vouchers used for Charter School enrollment , state Superior Court Judge Robert Hobgood today found the recently-enacted “Opportunity Scholarship Program” unconstitutional and permanently blocked of state funds for that purpose,

His Ruling issued this morning detailed the multiple reasons why the voucher system failed to be constitutional.

This legislation unconstitutionally

1. Appropriates to private schools grades K-12, by use of funds which apparently have gone to the university system budget but which should be used exclusively for establishing and maintaining the uniform system of free public schools.

2. Appropriates education funds in a manner that does not accomplish a public purpose.

3. Appropriates educational funds outside the supervision and administration of the state board of education.

4. Creates a non-uniform system of education.

5. Appropriates taxpayer funds to educational institutions that have no standards, curriculum and requirements for teachers and principals to be certified.

6. Fails to guard and maintain the rights of the people who privilege the education by siphoning money from the public schools in favor of private schools.

7. Allows funding of non-public schools that discriminate on account of religion.

Hobgood also refused to stay his decision pending an appeal by the state, which is likely to follow soon.

                                                         Now What?

                                                    Read below the fold

Earlier this month lawyer’s for  parties challenging the program tried to block early funding voucher and distribution of the school vouchers which had been moved up to allow funds to go out the door  before today’s hearing.

Attorney Burton Craige argued that ““If funds are distributed to parents and schools to support a program that is going to be declared unconstitutional in late August, then the state is put in the position of having to retrieve that money from hundreds of schools, and parents who are relying on these vouchers are going to find that the voucher is worthless,”

Craige also said, “So this disrupts parents, children, schools, and the state in its use of taxpayer funds.”

Attorney Lauren Clemmons , who is handling the state’s  defense, who is apparently technologically challenged, stated that there is currently no way to stop the money going through the electronic system,

Then sarcastically ask the judge, “So how do you want to address that ?”

Judge Hobgood then snapped back,”That would have to be addressed by the Attorney General to recover the money”

So, as you can see the North Carolina Koch/ALEC strike it rich hedge fund investment scam “Cash For Kids”  is on the rocks for now, pending the expected appeal by the state. Little Johnny may end up going to public schools after all.

If Parents that have already placed their child into a Private Charter school using vouchers that are now found to be worthless, this would be a huge blow to  Speaker Thom Tillis and Senate leader Phil Berger and the entire ‘Gold over People’ (GOP) Party future in North Carolina that supported the entire ALEC "Education Privatization" agenda.

Read more about the ruling at these links :

- NC Policy Watch :NC school vouchers ruled unconstitutional -

- Progressive Pulse:NC Court of Appeals rejects state's emergency request to let school voucher funds to flow -

- NC Justice Center:North Carolinians file suit against state over unconstitutional voucher program -

- Charlotte Observer: NC private school vouchers ruled unconstitutional -

- Raleigh News & Observer: NC to appeal ruling banning taxpayer money for private schools -

- Public News Service: NC school voucher program ruled unconstitutional -

- Greensboro News & Record: No public purpose -

- Wilmington Star-News: Judge made right call on private-school vouchers -

Originally posted to windsong01 on Wed Aug 27, 2014 at 08:15 PM PDT.

Also republished by North Carolina BLUE.

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