Hoke County Board of Education v. State

The State of North Carolina and the State Board of Education (“the State”), as defendants, appeal from a trial court order concluding that the State had failed in its constitutional duty to provide certain students with the opportunity to attain a sound basic education, as defined by this Court’s holding in Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997). We affirm the trial court on this part of the State’s appeal with modifications.

In addition, the State appeals those portions of the trial court’s order that direct the State to remedy constitutional deficiencies relating to the public school education provided to students in Hoke County. In its memoranda of law, the trial court, in sum, ultimately *609 ordered the State to: (1) assume the responsibility for, and correct, those educational methods and practices that contribute to the failure to provide students with a constitutionally-conforming education; and (2) expand pre-kindergarten educational programs so that they reach and serve all qualifying “at-risk” students. As for the trial court’s first remedy, we affirm, with modifications. As for the trial court’s second remedy, we reverse, concluding that the mandate requiring expanded pre-kindergarten programs amounts to a judicial interdiction that, under present circumstances, infringes on the constitutional duties and expectations of the legislative and executive branches of government.

On cross-appeal, plaintiff-intervenors argue that the trial court erred by including educational services provided by federal funds in making its determination of whether the State is meeting its constitutional obligation to provide North Carolina’s children with a sound basic education. We disagree with plaintiff-intervenors’ contention and, therefore, affirm the trial court.

I. Introduction

This case is a continuation of the landmark decision by this Court, unanimously interpreting the North Carolina Constitution to recognize that the legislative and executive branches have the duty to provide all the children of North Carolina the opportunity for a sound basic education. This litigation started primarily as a challenge to the educational funding mechanism imposed by the General Assembly that resulted in disparate funding outlays among low wealth counties and their more affluent counterparts. With the Leandro decision, however, the thrust of this litigation turned from a funding issue to one requiring the analysis of the qualitative educational services provided to the respective plaintiffs and plaintiff-intervenors.

In remanding this case to the trial court in Leandro, this Court issued the following directive: “If . . . [the trial] court makes findings and conclusions from competent evidence to the effect that defendants in this case are denying children of the state a sound basic education, a denial of a fundamental right will have been established.” 346 N.C. at 357, 488 S.E.2d at 261. The Court then went on to conclude that if such a denial [of a fundamental right] is indeed established by the evidence, and defendants are unable- to justify such denial as necessary to promote a compelling government interest, “it will then be the duty of the [trial] court to enter a judgment granting *610 declaratory relief and such other relief as needed to correct the wrong while minimizing the encroachment upon the other branches of government.” Id.

From the outset, we note that the ensuing trial lasted approximately fourteen months and resulted in over fifty boxes of exhibits and transcripts, an eight-volume record on appeal, and a memorandum of decision that exceeds 400 pages. The time and financial resources devoted to litigating these issues over the past' ten years undoubtably have cost the taxpayers of this state an incalculable sum of money. While obtaining judicial interpretation of our Constitution in this matter and applying it to the context of the facts in this case is a critical process, one can only wonder how many additional teachers, books, classrooms, and programs could have been provided by that money in furtherance of the requirement to provide the school children of North Carolina with the opportunity for a sound basic education.

The Leandro decision and the ensuing trial have resulted in the thrust of the instant case breaking down into the following contingencies: (1) Does the evidence show that the State has failed to provide Hoke County school children with the opportunity to receive a sound basic education, as defined in Leandro-, (2) if so, has the State demonstrated that its failure to provide such an opportunity is necessary to promote a compelling government interest; and (3) if the State has failed to provide Hoke County school children with the opportunity for a sound basic education and failed to demonstrate that its public educational shortcomings are necessary to promote a compelling government interest, does the relief granted by the trial court correct the failure with minimal encroachment on the other branches of government?

We note that defendants raise three issues on appeal. The first— whether the trial court applied the wrong standards for determining when a student has obtained a sound basic education — is essentially an argument that questions whether the evidence presented at trial adequately demonstrated a violation of the constitutional right at issue. As such, it will be addressed in this Court’s substantive analysis of whether the trial court properly determined that plaintiff school children are being denied their fundamental right for an opportunity to receive a sound basic education. See Part IV of this opinion. Defendants’ remaining issues, as argued in their brief, concern the appropriateness of the trial court’s remedy of mandating pre *611 kindergarten programs for “at risk” students and the question of whether the proper age at which children should be permitted to attend public school is a nonjusticiable political question reserved for the General Assembly. Both questions will be addressed in this Court’s overall examination of the pre-kindergarten remedy issue. See Part V of this opinion.

II. Procedural History of the Case

This civil action, initiated as a declaratory judgment action pursuant to N.C.G.S. § 1-253 (2003), commenced in 1994 when select students from Cumberland, Halifax, Hoke, Robeson, and Vance Counties, their respective guardians ad litem, and the corresponding local boards of education, denominated as plaintiffs, sought declaratory and other relief for alleged violations of the educational provisions of the North Carolina Constitution and the North Carolina General Statutes.

Plaintiffs were subsequently joined by select students from the City of Asheville, Buncombe County, Charlotte-Mecklenburg, Durham County, Wake County, and Winston-Salem/Forsyth County, their respective guardians ad litem, and the corresponding local boards of education, denominated as plaintiff-intervenors, who filed an additional complaint.

At trial, defendants moved to dismiss both complaints, arguing that: (1) the issues raised were nonjusticiable, see N.C.G.S. § 1A-1, Rule 12(b)(6) (2003); (2) the trial court lacked personal jurisdiction over defendants, see id., Rule 12(b)(2); and (3) the trial court lacked subject matter jurisdiction over the claims, see id., Rule 12(b)(1). The motion was summarily denied by the trial court and defendants immediately appealed.

On appeal, the Court of Appeals reversed, unanimously concluding that because the North Carolina Constitution does not embrace a qualitative standard of education, neither plaintiffs nor plaintiff-intervenors had raised a claim upon which relief could be granted. See Leandro v. State, 122 N.C. App. 1, 11, 468 S.E.2d 543, 550 (1996).

Plaintiffs appealed the Court of Appeals decision to this Court, contending that their claims raised substantial constitutional questions. Plaintiffs and plaintiff-intervenors (collectively “plaintiff parties”) also petitioned this Court for discretionary review. Those petitions were allowed.

*612 Upon review of the Court of Appeals decision, this Court affirmed in part, reversed in part, and remanded the case for further proceedings in Wake County Superior Court. Leandro, 346 N.C. at 358, 488 S.E.2d at 261. The surviving claims for trial included the following: (1) whether the State has failed to meet its constitutional obligation to provide an opportunity for a sound basic education to plaintiff parties, id. at 348, 488 S.E.2d at 255; (2) whether the State has failed to meet its statutory obligation, pursuant to Chapter 115C of the General Statutes, to provide the opportunity for a sound basic education to plaintiff parties, id. at 354, 488 S.E.2d at 259; 1 and (3) whether the State’s supplemental school funding system is unrelated to legitimate educational objectives and, as a consequence, is arbitrary and capricious, resulting in a denial of equal protection of the laws for plaintiff-intervenors, id. at 353, 488 S.E.2d at 258. 2

Upon remand, pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts, the case was designated as exceptional by Chief Justice Burley B. Mitchell, who assigned Superior Court Judge Howard E. Manning, Jr. to preside over all proceedings. Prior to trial, the trial court initiated and oversaw a series of meetings among all parties. Although there was no official record kept of those pre-trial conference discussions, the record on appeal, trial transcripts, and portions of the trial court’s four memoranda of *613 law reference key rulings made by the trial court during such meetings. We note, significantly, that two of the trial court’s initial decisions limited the scope of the case before us.

First, the trial court ruled that the case should be bifurcated into two separate actions, with one addressing the claims of rural school district plaintiffs (“rural districts”) and the 'Other addressing the claims of large urban school district plaintiff-intervenors (“urban districts”). Accordingly, the first trial would be limited to plaintiffs’ claims and a second trial, to be held after the first was concluded, would address the claims of plaintiff-intervenors. 3

In its first memorandum of decision (“Memo I”), the trial court stated that all parties agreed to the bifurcated proceedings, and this Court notes that the record on appeal includes no assignment of error pertaining to the trial court’s decision to bifurcate. As a result, our consideration of the case is properly limited to those issues raised in the rural districts’ trial. 4

Second, the trial court ruled that the evidence presented in the rural districts’ trial should be further limited to claims as they pertain to a single district. The net effect of this ruling was two-fold: (1) that Hoke County would be designated as the representative plaintiff district, and (2) that evidence in the case would be restricted to its effect on Hoke County. In Memo I, the trial court again asserted that all parties agreed to the suggested procedure, and this Court notes that the record on appeal is devoid of any assignment of error concerning the decision. As a consequence, our consideration of the case is properly limited to the issues relating solely to Hoke County as raised at trial. 5

*614 III. Procedural Developments

Before addressing' the substantive issues before us, we feel it necessary to review several key procedural developments that have transpired since the case was remanded to the trial court. Plaintiffs filed their original complaint as a declaratory judgment action, seeking a declaration of their educational rights under the North Carolina Constitution and chapter 115C of the General Statutes. See N.C.G.S. § 1-253 (2003). In addition, once their educational rights were declared, plaintiffs sought: (1) to show that their declared rights were being violated by State-defendants and, if so demonstrated, (2) a court-imposed remedy that would correct the demonstrated violation(s). See id.; N.C.G.S. § 1-259 (2003).

While in Leandro, the issue before this Court dealt with the correctness of a Rule 12(b)(6) dismissal of plaintiffs’ case, this Court, in effect, answered plaintiffs’ initial inquiry under the Declaratory Judgment Act, thereby providing the “rights, status and legal relations” for the trial court’s further consideration. To wit: The state Constitution guarantees plaintiffs a right to the opportunity to receive a sound basic education from the State. Leandro, 346 N.C. at 351, 488 S.E.2d at 257. Then, after defining the qualitative components of what constitutes a sound basic education, the Court in Leandro remanded the case to the trial court and, in effect, assigned that court three specific tasks: (1) to take evidence on the issue of whether defendants “are denying the children of the state a sound basic education,” (2) to determine if the evidence showed plaintiff school children’s education-related rights were being denied, and (3) to “enter a judgment granting declaratory relief and such other relief as needed.” Id. at 357, 488 S.E.2d 261.

At that point in the litigation, the case included five distinct parties: (1) plaintiff school children (and their respective guardians), (2) plaintiff local school boards, (3) plaintiff-intervenors, (4) the State Board of Education, and (5) the State. At that juncture, all participants sought a decree defining what rights and obligations were at stake, which parties had obligations, and which parties had rights as a result of such obligations. In Leandro, this Court, in sum, decreed that the State and State Board of Education had constitutional obligations to provide the state’s school children with an *615 opportunity for a sound basic education, and that the state’s school children had a fundamental right to such an opportunity. 346 N.C. at 351, 488 S.E.2d at 257. As a result of the decree, adversarial sides were clearly drawn for four of the five parties — plaintiff school children and plaintiff-intervenor school children (who, under the decree, enjoyed the right of educational opportunity), versus the State and State Board of Education (which, under the decree, were obligated to provide such opportunity).

Before addressing the party status of the school boards, we note that the evidence presented in this case reaches a broader constituency than the two designated plaintiff-school children in the case’s caption. In fact, a far greater proportion of the evidence pertains to the circumstances of Hoke County’s student population in general than it does to the named plaintiffs in particular. Thus, as a threshold question, we address whether the evidence presented concerning the plight of Hoke County’s student population is relevant to the question of whether the named plaintiffs have been denied their right to an opportunity to obtain a sound basic education.

In our view, the nature of a declaratory judgment action and the mandate of Leandro combine to afford the trial court and the participating parties greater evidentiary leeway than in a conventional civil action. In declaratory actions involving issues of significant public interest, such as those addressing alleged violations of education rights under a state constitution, courts have often broadened both standing and evidentiary parameters to the extent that plaintiffs are permitted to proceed so long as the interest sought to be protected by the complainant is arguably within the “zone of interest” to be protected by the constitutional guaranty in question. See, e.g., Seattle Sch. Dist. v. State, 90 Wash. 2d 476, 490-95, 585 P.2d 71, 80-83 (1978).

Because the instant case concerns an issue of significant, if not paramount, public interest (school-aged children’s rights concerning a public education), we will examine the trial court’s evidentiary findings in the context of whether the supporting evidence demonstrates that a harm has occurred to those “within the zone” to be protected by the constitutional provision at issue. In our view, the instant plaintiffs, as Hoke County students, are certainly positioned within such a zone. As a consequence, evidentiary issues in this case will be scrutinized on the basis of whether there has been: (1) a clear showing of harm to those within the zone of protection afforded by the constitutional provision(s); and (2) a showing that any remedy imposed *616 by the court will redress the harm inflicted on those within such a zone of protection.

In our view, the unique procedural posture and substantive importance of the instant case compel us to adopt and apply the broadened parameters of a declaratory judgment action that is premised on issues of great public interest. The children of North Carolina are our state’s most valuable renewable resource. If inordinate numbers of them are wrongfully being denied their constitutional right to the opportunity for a sound basic education, our state courts cannot risk further and continued damage because the perfect civil action has proved elusive. We note that the instant case commenced ten years ago. If in the end it yields a clearly demonstrated constitutional violation, ten classes of students as of the time of this opinion will have already passed through our state’s school system without benefit of relief. We cannot similarly imperil even one more class unnecessarily. As a consequence, for this case, one of great public interest, we adopt the view that plaintiffs in this declaratory judgment action were entitled to proceed in their efforts towards showing that students within Hoke County have been wrongfully denied their educational rights under the North Carolina Constitution. Thus, the named plaintiffs here were not limited to presenting evidence at trial that they had suffered individual harm or that any remedy imposed specifically targeted them and them alone. Consequently, the Court will examine whether plaintiffs made a clear showing that harm had been inflicted on Hoke County students — the “zone of interest” in this declaratory judgment action- — and whether the trial court’s imposed remedies serve as proper redress for such demonstrated harm.

In the wake of this Court’s decree in Leandro and upon remand to the trial court, the party status of the local school boards immediately became a subject of dispute between the designated parties, and the school boards’ capacity to seek redress remains an issue in this litigation. At trial, the State and State Board of Education, as defendants, argued that since the local boards had no right to an opportunity for a sound basic education, they lacked the capacity to sue as plaintiffs for an alleged violation of such a right. The trial court denied defendants’ motion to dismiss the local boards as parties to the case. We conclude that the trial court was correct.

Although defendants assign error to the trial court’s decision to allow the local school boards to continue as parties in the civil action at issue, they offer no arguments to that effect in their brief to this *617 Court. As a consequence, the issue is considered abandoned under this Court’s appellate rules. N.C. R. App. P. 28(b)(6) (2004). However, because subsequent litigation in this case might properly present this issue, we will address the merits. Our examination of the issue reveals no reason to disturb the conclusion of the trial court. Throughout the trial, the school boards, as administrators and overseers of their respective districts, were positioned as interested parties who participated in providing educational services to student plaintiffs. As such, the school boards clearly held a stake in the trial court’s determination of whether or. not the student plaintiffs were being denied their right to an opportunity to obtain a sound basic education. At trial, defendants argued that the school boards should be dismissed as parties because, as state-created entities, they enjoyed no entitlement to the right established in Leandro — namely, a child’s individual right of an opportunity to a sound basic education. While it is true that the school boards are not among those endowed with such a right, and thus they have no justiciable claims based on its infringement or denial, in our view, the school boards were properly maintained as parties because the ultimate decision of the trial court was likely to: (1) be based, in significant part, on their role as education providers; and (2) have an effect on that role in the wake of the proceedings.

Although the parties in this case are referred to as plaintiffs and defendants, we note that this civil action was filed as a declaratory judgment action pursuant to section 1-253 of the General Statutes. WTiile such actions require that there be a genuine controversy to be decided, see Lide v. Mears, 231 N.C. 111, 117-18, 56 S.E.2d 404, 409 (1949), they do not require that the participating parties be strictly designated as having adverse interests in relation to each other. In fact, declaratory judgment actions, by definition, are premised on providing parties with a means for “[c]ourts of record ... to declare rights, status, and other legal relations” among such parties. N.C.G.S. § 1-253 (emphasis added). In addition, section 1-260 of the General Statutes declares plainly that “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration.” N.C.G.S. § 1-260 (2003). Thus, while the precise party designation — i.e., plaintiffs — of the school boards may not have been readily discernible at the time of the trial, the nature of the parties’ claims was such that: (1) they sought a declaration of rights, status, and legal relations of and among the parties; and (2) any declaration of the rights, status, and legal relations of and among the parties would affect the role played *618 by the school boards in providing the state’s children with the opportunity to obtain a sound basic education. As a result, we conclude that the trial court did not err in denying defendants’ motion to dismiss the school boards as parties to the instant case. 6

Defendants also assign error to one of two amendments plaintiffs made to their complaint in the wake of the Leandro decision. On 23 January 1998, plaintiffs first amended their existing complaint to replace paragraphs 2, 4, 9, and 11, providing for substitute plaintiff-school children from Hoke, Halifax, Cumberland, and Vance Counties. The changes also included the addition of paragraph 7(a), which provided for a plaintiff-schoolchild from Robeson County. The amendments of 23 January 1998 were allowed by the trial court, without any objection by the State.

However, the State did object to a subsequent amendment, which was added by plaintiffs at the behest of the trial court. The newly amended complaint, dated 15 October 1998, added paragraph 74(a), which reads as follows:

Many children living in poverty in plaintiff districts begin public school kindergarten at a severe disadvantage. They do not have the basic skills and knowledge needed for kindergarten and as a foundation for the remainder of elementary and secondary school. In view of the lack of prekindergarten services and programs in these districts, many children living in poverty as well as other children are not receiving an opportunity for a sound basic education. The plaintiff school districts do not have sufficient resources to provide the prekindergarten and other programs and services needed for a sound basic education.

In its motion and arguments to the trial court, the State contended that “the new allegations pertain to matters that are wholly irrelevant to the question whether any plaintiff student is being denied” his or her right to an opportunity for a sound basic education. In addition, the State argued that any question concerning the proper age for public school eligibility or attendance was a purely political question, and as such was nonjusticiable under separation of powers principles. See, e.g., Lake View Sch. Dist. v. Huckabee, 351 Ark. 31, 82, 91 S.W.3d 472, 502 (2002) (holding that implementing pre-kindergarten programs was a policy matter reserved for the legislature and that the *619 trial court had no authority to order the legislature to establish them, even as a remedy for constitutionally inadequate schools), cert. denied, 538 U.S. 1035, 155 L. Ed. 2d 1066 (2003).

However, in denying defendants’ motion to strike the amendment, the trial court, in an order dated 9 February 1999, concluded that “under the Leandro doctrine and the North Carolina Constitution, the right to an opportunity to receive a sound basic education in the public schools is not to be conditioned upon age, but rather upon the need of the particular child.” As a consequence, the trial court found that the added paragraph “adequately allege[s] that the lack of pre-kindergarten programs deprives certain children of the opportunity for a sound basic education,” (emphasis added,) and ruled that such allegations raised a valid factual question to be determined upon the evidence presented.

We agree with the trial court’s ruling, at least to the extent that it permitted plaintiffs to present evidence on the issue, for two reasons. In Leandro, this Court held that the state’s Constitution “guarantee[s] every child of this state an opportunity to receive a sound basic education in our public schools.” 346 N.C. at 347, 488 S.E.2d at 255. However, the extent of the guarantee, as expressed in Leandro, was not entirely clear. Is it limited to those children who attain school-age eligibility, as determined by the General Assembly, or does it extend to those about to enter the public school system? In other words, are four-year-olds guaranteed the right to demonstrate that they are in danger of being denied an opportunity for a sound basic education by virtue of their circumstances or are they precluded from doing so because they are not yet members of the right-bearing school children class? At the point of the trial court’s order, that question had yet to be answered and, in our view, was ripe for evidentiary proceedings and consideration by the trial court. We also find persuasive the trial court’s finding that the General Assembly has enacted legislation that affords certain rights to particular four-year-olds who would not otherwise qualify as school children — namely, those four-year-olds that meet the criteria for being “gifted” and “mature.” Section 115C-364(d) of the General Statutes entitles such four-year olds to enroll in kindergarten. Keeping in mind that the pre-trial question at issue was not whether the trial court properly determined that either “at-risk” or other four-year-olds are similarly positioned in relation to their four-year-old “gifted” and “mature” counterparts, but rather whether the former group may present evidence showing they are or should be considered as similarly positioned, we conclude that *620 the trial court properly denied the State’s motion to strike paragraph 74a of the amended complaint. Thus, any relevant evidence concerning the allegations in paragraph 74a was properly determined to be admissible at trial.

We conclude our evaluation of the case’s procedural posture with a caveat concerning the trial court’s characterization of this Court’s holding in Leandro. “Under the Leandro doctrine and the North Carolina Constitution,” the trial court concluded, “the right to an opportunity to receive a sound basic education in the public schools is not to be conditioned upon age but rather upon the need of the particular child.” (Emphasis added.) This Court disagrees with the italicized portion of the trial court’s characterization. We read Leandro and our state Constitution, as argued by plaintiffs, as according the right at issue to all children of North Carolina, regardless of their respective ages or needs. Whether it be the infant Zoe, the toddler Riley, the preschooler Nathaniel, the “at-risk” middleschooler Jerome, or the not “at-risk” seventh-grader Louise, the constitutional right articulated in Leandro is vested in them all. As a consequence, we note that the initial question before us is not whether that right exists but whether that right was shown to have been violated. In addition, we note that if such a violation was indeed established by the evidence at trial, this Court must then consider whether the trial court properly determined when and how the right was violated, by whom, and finally, if the remedy imposed was appropriate.

IV. Defendants’ First Issue

The Court now turns its attention to the substantive issues brought forward on appeal by the State. In its first question presented to this Court, the State contends that the trial court erred by applying the wrong standards for determining: (1) when a student has obtained a sound basic education; (2) causation (for a student’s failure to obtain a sound basic education); and (3) the State’s liability (for a student’s failure to obtain a sound basic education). 7 In further support of its initial argument, the State proffers three subarguments, which allege and target specific evidentiary lapses and flaws in the trial court’s reasoning. In its argument labeled 1(A), the State contends that the trial court erred by using standardized test scores as *621 “the exclusive measure” of whether students were obtaining a sound basic education. In argument 1(B), the State argues that the trial court erred by concluding that a denial of the right to a sound basic education could be inferred from the number of socio-economically disadvantaged (“at-risk”) students scoring below Level III proficiency on standardized tests. And in argument 1(C), the State contends that the trial court erred when it held the State responsible for administrative decisions made by local school boards.

From a purely structural standpoint, the Court finds it difficult to construct its opinion on this issue in a fashion that strictly comports with the State’s presentation. The State presents an initial question that breaks down into three separate parts, then offers three subarguments without referencing which part of the primary argument they are intended to support. Further compounding the logistical problem is — how best to say? — the “free-wheeling nature” of the trial court’s order, which is composed of four separate memoranda of law that total over 400 pages. We recognize that the trial court faced a formidable task in evaluating the evidence presented at trial and emphasize that our characterization of the order is not intended to be critical of the trial court’s efforts. Nevertheless, the order’s relevant conclusions — those under assault by the State in its first question presented — are peppered throughout the breadth of the document and do not correspond, from any structural standpoint, to the State’s arguments. As a consequence, the Court is left with no choice but to chart a course of its own. Generally, we will structure this section in line with the State’s initial three-part question: Did the trial court apply the wrong standards for determining: (1) when a student has failed to obtain a sound basic education; (2) causation for any such proven failure; and (3) the State’s liability for such failure? While working within that basic framework, we will also address, as appropriate, the State’s three supporting subarguments. .

In Leandro, this Court decreed that the children of the state enjoy the right to avail themselves of the opportunity for a sound basic education. 346 N.C. at 347, 488 S.E.2d at 255 (“We conclude that Article I, Section 15 8 and Article IX, Section 2 9 of the *622 North Carolina Constitution combine to guarantee every child of this state an opportunity to receive a sound basic education in our public schools.”) (footnotes added). The Court then proceeded to declare that “[a]n education that does not serve the purpose of preparing students to participate and compete in the society in which they live and work is devoid of substance and is constitutionally inadequate.” Id. at 345, 488 S.E.2d at 254. Ultimately, the Court defined a sound basic education as one that provides students with at least: (1) 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 with regard to issues that affect the student personally or affect the student’s 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 vocational skills to enable the student to compete on an equal basis with others in formal education or gainful employment in contemporary society. Id. at 347, 488 S.E.2d at 259.

After declaring a child’s constitutional right to the opportunity to receive a sound basic education and defining the elements of such an education, the Court concluded that some of the allegations in plaintiffs’ complaint stated claims upon which relief may be granted and ordered the case remanded to the trial court to permit plaintiffs to proceed on such claims. Id. at 355, 488 S.E.2d at 261. The Court in Leandro also provided instructive guidelines to the trial court, delineating a list of evidentiary factors the trial court should consider at trial. Id. at 355-57, 488 S.E.2d at 259-60. Among such factors were: (1) the level of performance of the children on standardized achievement tests; (2) any educational goals and standards adopted by the legislature; 10 (3) the level of the State’s general educational expenditures and per-pupil expenditures; and (4) any other factors that may be relevant for consideration when determining educational adequacy issues under the Constitution. Id. Finally, the Court in Leandro established the standard of proof plaintiffs must meet in making their case. Id. at 357, 488 S.E.2d at 261. “[T]he courts of the state must grant every reasonable deference to the legislative and executive branches *623 when considering whether they have established and are administering a system that provides the children of the various school districts of the state a sound basic education],]” and “a clear showing to the contrary must be made before the courts may conclude that they have not.” Id. “Only such a clear showing will justify a judicial intrusion into an area so clearly the province, initially at least, of the legislative and executive branches as the determination of what course of action will lead to a sound basic education.” Id. (emphasis added).

We begin our examination under the umbrella of the State’s first argument- — -namely, whether there was a clear showing of evidence supporting the trial court’s conclusion that “the constitutional mandate of Leandro has been violated [in the Hoke County School System] and action must be taken by both the LEA [Local Educational Area] and the State to remedy the violation.” After a' comprehensive examination of the record and arguments of the parties, this Court concludes that the trial court was correct as to this issue and thus we affirm, albeit with modifications. Discussion of the trial court’s imposed remedies concerning specific violation(s) will immediately follow.

At trial, plaintiffs presented evidence that, In accordance with Leandro, can be categorized as follows: (1) comparative standardized test score data; (2) student graduation rates, employment potential, post-secondary education success (and/or lack thereof); (3) deficiencies pertaining to the educational offerings in Hoke County schools; and (4) deficiencies pertaining to the educational administration of Hoke County schools. The first two evidentiary categories fall under the umbrella of “outputs,” a term used by educators that, in sum, measures student performance. The remaining two evidentiary categories fall under the umbrella of “inputs,” a term used by educators that, in sum, describes what the State and local boards provide to students attending public schools. We examine each evidentiary category in turn.

Plaintiffs presented extensive documentary evidence concerning standardized test scores of students in Hoke County and from around the state, and provided testimony from educational experts for purposes of evaluating Hoke County’s tests scores and comparing them with other test scores from around the state. The aim of the standardized test score evidence was twofold. First, plaintiffs sought to demonstrate that the measure of test score constitutional compliance was whether an ample number of Hoke County students were attaining a “Level III” proficiency in the subjects tested. Second, *624 plaintiffs sought to demonstrate that too many Hoke County students were failing to achieve the required “Level III” proficiency. Thus, in plaintiffs’ view, if “Level III” proficiency is required, and an inordinate number of Hoke County students are failing to meet it, such a finding would contribute to a clear and convincing showing that Hoke County students were being denied an opportunity to obtain a sound basic education. See Leandro, 346 N.C. at 355, 488 S.E.2d at 259 (stating that standardized achievement tests are one factor the trial court should consider in determining whether any of the state’s children are being denied the opportunity for a sound basic education).

At trial, plaintiffs presented evidence concerning standardized End of Grade (EOG) and End of Class (EOC) test scores and argued that the scoring standard of Level III proficiency should be used as the measure of whether a student had obtained a sound basic education in the subject area being tested. The State Board of Education has defined Level III proficiency thusly: “Students performing at this level consistently demonstrate mastery of the course subject matter and skills and are well prepared to b