NO. 372A14
TENTH JUDICIAL DISTRICT
SUPREME COURT OF NORTH CAROLINA.
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HART, ET AL.
Plaintiffs-Appellees,
v.
STATE OF NORTH CAROLINA, ET AL.
Defendants-Appellants
PERRY, ET AL.
Intervenor-Defendants-Appellants
“NO. 384414
RICHARDSON, ET AL.
Plaintifi’s-Appellees,
v.
STATE OF NORTH CAROLINA, ET AL.
Defendants-Appellants
PERRY, ET AL.
Intervenor-Defendants-Appellants
yas. 2091239802 -4367001500~
| From Wake County
| No. 13-CVS-16771
COA P14-210
From Wake County
No. 13-CVS-16771
COA P14-210 Oe
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MOTION FOR SUPPLEMENTAL RELIEF PURSUANT TO
THIS COURT’S WRIT OF SUPERSEDEAS
RSI SIH IIH IH iS IS ISnISTRS EI IEEE
L Introduction
For the reasons set forth below, Intervenor-Defendants respectfully request
that this Court modify its 12 December 2014 Order granting in part a writ of
supersedeas and permit the Opportunity Scholarship Program to move forward for
the 2014-2015 academic year unimpeded by the Superior Court’s permanent
injunction, The Order granting the writ does not currently allow the state agency
administering the Program to distribute scholarship proceeds on behalf of the
students receiving scholarships on the statutorily set date of 15 August 2015, and
this Court’s next date for releasing opinions falls on 21 August 2015, by which
time students receiving scholarships would need to have already contracted to
attend participating schools. These students include over a thousand students who
have applied to renew scholarships so that they can continue to attend the schools
they attended on scholarships for the 2014-15 academic year. Intervenor-
Defendants believe that it was the expectation of the Court that the merits of the
instant cases would have been resolved well in advance of the 15 August 2015
date, such that were it to hold the Program constitutional the students intended to
ae 200-9380 v2 267001800" benefit from the Program would be able to reap its benefits for the 2015-16
academic year.
I. The Current Situation
On 12 December 2014, this Court granted in large part Intervenor-
Defendants”! Petition for Writ of Supersedeas and Motion to Expedite, allowing
the North Carolina State Education Assistance Authority (“SEAA”) to “proceed
with all preliminary administrative steps necessary to prepare for the 2015-16
academic year,” but providing that “funds scheduled to be disbursed to scholarship
ents, tentatively scheduled to begin on 15 August 2015, may not be released
or distributed without further order of this Court.” The instant motion seeks such a
further order.
This Court also granted the motion to expedite, and set an accelerated
briefing schedule that led to oral argument in both cases (Hart and Richardson) on
24 February 24 2014,” Because the Court has no current date for releasing
opinions until 21 August 2015, which is after the statutorily established date of 15
there are two sets of Intervenot-Defendants who jointly filed the Petition and Motion: the
Parent-Intervenors, who desire to use scholarships awarded by the Opportunity Scholarship
Program (hereinafter “the Program”), and the Legislative Leader-Intervenors, the Honorable Tim.
Moore, Speaker of the House (who has succeeded Thom Tillis), and the Honorable Phil Berger,
President Pro Tempore of the Senate, who want to see the Program enacted by the General
Assembly go forward.
? Oral argument was originally scheduled for 17 February 2015, but it was postponed due to
closure of the Court because of a snow and ice-storm.
ean. 200:3189 v2-
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