Judge orders pre-K services restored; Tillis says it will not affect NC budget

North Carolina cannot limit enrollment in a pre-kindergarten program for at-risk children that saw its budget reduced by the General Assembly, the judge overseeing a long-running education-opportunity lawsuit ordered Monday. 

It's not clear whether the order by Superior Court Judge Howard Manning Jr. could force the Legislature to redo part of the $19.7 billion state budget that took effect this month. Manning said only that he's confident the state will live up to its constitutional duties to afford every child a good, basic education. 

"It is the duty of the State of North Carolina to protect each and every one of these at-risk and defenseless children, and to provide them their lawful opportunity, through a quality pre-kindergarten program" guaranteed by the state constitution, Manning wrote. 

The state budget cuts funding by 20% for the program that for years was known as More At Four and requires a co-pay from parents of up to 10% of their income to participate.

The budget also shifts the program from the state's education agency to the Department of Health and Human Services division that runs a voucher program that helps workers and students pay child care costs.

House Speaker Thom Tillis (R-Mecklenburg) said in a statement Monday that he was “disappointed in today’s order from Judge Manning.”

Tillis said, “The Court’s ruling is unclear in key places and may be incorrect as a matter of law.”

As for the budget, Tillis said, “One thing is perfectly clear from our review of the matter, today’s order should have no impact on the state budget.”

Meanwhile, staffers in Tillis's office also told NBC-17 they are working with the Attorney General's office to see if there is any way to appeal the Judge's ruling. 

The program, now called NC Pre-Kindergarten, also limits the number of spots for at-risk youngsters to 20 percent, Manning said. Any barrier to enrolling at-risk 4-year-olds "may not be enforced,"  Judge Manning said.

"If the present plan is implemented as set out in the budget bill, several thousand at-risk four-year-olds who are eligible to attend NCPK will not be provided with slots because of the limitations on their participation to 20%," Manning wrote. 

More At Four defined at-risk children as those whose families earn below the statewide average, who have a disability or chronic health problem, come from a family that doesn't speak English at home, or have parents on active military duty.

Manning's order came after a court hearing sought by lawyers for low-wealth school districts in Hoke, Robeson, Vance, Halifax and Cumberland counties. They argued that the state budget passed over the veto of Gov. Beverly Perdue undercuts gains made since a landmark 1997 state Supreme Court decision. 

The ruling in the Leandro case, named for one of its plaintiffs, said every child has a constitutional right to an education that allows them to compete for a job or higher education and to be a functional citizen. 

Since then, state officials have been under court pressure to improve literacy and other measures of student performance, and to prepare 4-year-olds at risk of falling behind their peers before they enter kindergarten. 

More At Four served about 31,000 children during the last academic year, but the funding cuts will mean about 4,000 fewer children can be enrolled, the DHHS director who will oversee the refashioned program has said. 

About 260,000 of North Carolina's 630,000 children age four and younger are enrolled in state-regulated day-care or home-care facilities. More than 83,000 children receive subsidies to pay for the care.   

Gov. Bev Perdue issued the following statement about Judge Manning's ruling:

“So many of North Carolina’s at-risk children from low-income families start kindergarten already behind, and their chances of finding a good job or a successful career are tied directly to their educational opportunities. The Republican legislature passed a budget that slashed pre-K programs by 20 percent. They imposed a co-pay of up to 10 percent of a family’s income. The General Assembly’s bad choices make it harder than ever for at-risk children to succeed – in school, in careers and in life. Now the Superior Court has called on them to reverse those choices. So, consistent with the superior court order, I call upon our legislative leaders to act swiftly to fix this injustice so these children can start school in the fall, but in doing so they should not inflict further cuts on other educational programs. The legislature must provide the at-risk children of North Carolina with the educational programs that will ensure they get off to the right start – and give them a real chance at success.”

Minority Leader Joe Hackney issued the following statement about the ruling:

"Judge Manning ruled that Republicans cannot use their budget to deny pre-kindergarten services to at-risk children. Those of us in the minority who voted against this budget and stood up for education applaud this decision. We warned the majority loudly and often that their plan would take North Carolina backwards. We are seeing that now with thousands of children losing opportunities for education. Thousands of teaching jobs are being eliminated, and financial aid will be denied to 6,000 eligible college students this coming year. Judge Manning’s order may at least help correct one of the many poor decisions to come out of this ill-conceived budget."