Judge Challenges State Budget

Special Report - July 21, 2011
This week, Wake County Superior Court Judge Howard Manning issued a Memorandum of Decision and Order dealing with certain provisions of the recently approved State Budget that apply to state-funded pre-Kindergarten programs. “The State of North Carolina shall not deny any eligible at-risk four year old admission to the North Carolina Pre- Kindergarten Program (NCPK) and shall provide the quality services of the NCPK to any eligible at-risk four year old that applies,” Judge Manning wrote in the order. He issued the order on July 18 after examining “claims that pre-kindergarten services for ’at- risk’ prospective enrollees are being curtailed and not adequately met under the proposed budget for the next biennium.”

The state’s pre-kindergarten program, commonly known as “More at Four,” faced cuts as a part of the state budget approved by the General Assembly for the 2011-2012 fiscal year. Although the budget bill, HB 200—Appropriations Act of 2011, was vetoed by Governor Beverly Perdue, legislative leaders voted to override her veto with a bipartisan vote on June 15. The budget proposal took effect on July 1.

Judge Manning’s ruling continued, “The State of North Carolina shall not implement or enforce that portion of the 2011 Budget Bill, section 10.7.(f). that limits, restricts, bars or otherwise interferes, in any manner, with the admission of all eligible at-risk four year olds that apply to the pre-kindergarten program, including but not limited to the 20 percent cap restriction, or for that matter any percentage cap, of the four year olds served within the pre-kindergarten program, NCPK.”

While Governor Perdue issued a press release to applaud the ruling, legislative leaders, had a different response. “We disagree with Judge Manning’s interpretation, and we are confident his opinion does not throw the state budget out of balance,” Senate President Pro Tempore Phil Berger (R-Rockingham) stated. “The budget does not cap the number of low-income students eligible for the program. In fact, the 20 percent cap exists, and has for several years, specifically to ensure at least 80 percent of the children enrolled are financially disadvantaged.” Also, according to the News & Observer, House Speaker Thom Tillis (R-Mecklenburg) issued a statement, saying ”I am disappointed in today's order from Judge Manning. The court's ruling is unclear in key places and may be incorrect as a matter of law.”

Related Resources:
Legislature Musters Historic Veto Override - June 16, 2011
Governor Vetoes State Budget - June 13, 2011
State Challenges Education Ruling - January 14, 2003

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