State Government News

Judge Rules Constitution Requires State to Offer
Additional Educational Services to At-Risk 4-Year-Olds

In an important ruling in the long-running Leandro case, Superior Court Judge Howard Manning ruled Oct. 26 that the state has a constitutional obligation to provide pre-kindergarten education for at-risk 4-year-olds, a finding that has major implications for the state budget. The judge seemed to imply that the state, in order to properly serve the needs of these children, would have to make Smart Start (or something like it) a fully-functioning part of the K-12 public school system.

"North Carolina lacks sufficient quality pre-kindergarten educational programs to meet the needs of its at-risk children,” Judge Manning wrote in the 43-page ruling. “As a result, these at-risk children . . . are being denied their fundamental constitutional right to receive the equal opportunity to a sound basic education." After making that basic conclusion on the constitutional issues, Manning left the decision on how to expand those programs up to the governor and the General Assembly but said they should act "at a reasoned and deliberate pace."

Judge Manning said that at-risk children, because they are not receiving the proper intervention services, usually fail in school, drop out and turn to crime. “One end result for many of these at-risk children is the criminal justice system – a system that is a gateway to prison rather than a gateway to being a productive member of society. Most have at least one, if not more, illegitimate children. These children are born into an environment in which education is a little-valued commodity. Until and unless this vicious cycle is broken by education and better opportunity for this segment of the at-risk population and for the other at-risk children who are not passing through the criminal justice system, there will not be an equal educational opportunity for every child in North Carolina.”

Judge Manning added that “the bottom line is simple. The court, based on the clear and convincing evidence, finds that at-risk children should be provided the opportunity to attend a quality pre-kindergarten educational based program that has, as its goal, the preparation of at-risk children for kindergarten.”

He concluded that “the court, based on clear and convincing evidence, finds and concludes as a matter of law that under the North Carolina Constitution as interpreted by Leandro, the right of each child to an equal 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, including, if necessary, the equal opportunity of an at-risk child to receive early childhood pre-kindergarten education prior to reached the age of 5 and prior to entering 5-year-old kindergarten.”

Officials estimate that anywhere from 10,000 to 40,000 children across the state fall into the category of at-risk 4-year-olds. Nobody knows how much it would cost the state to extend specialized educational services to them, but a similar program in Charlotte spends $10.1 million a year to serve 1,800 low-income 4-year-olds, or about $5,600 per child.

Manning pointed out that Smart Start, Gov. Jim Hunt's early-childhood program, is run by a non-profit group, not by the state and "is not principally a pre-kindergarten education program."

Manning said plainly, however, that his ruling “does not require the State of North Carolina to provide every 4-year-old child with a pre-kindergarten program at state expense. A universal 4-year-old pre-kindergarten program is not required to meet the sound basic education standard of Leandro because, fortunately, the majority of 4-year-olds are not at-risk and are able to enter kindergarten at age 5 ready to learn.”

This was the second of what are expected to be three separate rulings by Judge Manning in the Leandro case. In the first ruling, Manning issued an opinion as to what the state constitution means when it says all children are entitled to an equal education.  The third one is expected to deal with issues of equity in school funding.

Phil Kirk, chairman of the State Board of Education who also is president of NCCBI, said "the state board will be very supportive of trying to implement the judge's ruling. All the evidence that we're aware of would support his contention."

Small Business Corner: Controlling Your Health Care Costs
  The N.C. Department of Insurance has published its annual consumers' guide to HMOs and PPOs operating in the state. It's a handy and easy to read reference work that can help you pick the best and most cost-effective benefit plan for your employees. Download the 30-page booklet (requires Adobe Acrobat).


Despite Weak September, State Budget on Target after First Quarter 

September usually is a pretty good month for the tax man. Back to school shopping, end of summer vacations and end of quarter spending usually keeps the state's cash register ringing. Not so this year. Total monthly collections are 11% below budget, led by a sales tax collections 14% less than expected. But at the end of the first quarter, the budget is right on the nose.

EMC Adopts Plan Requiring 68% Cut in Power-Plant Emissions
The Environmental Management Commission voted 9-5 on Oct. 12 to adopt a Hunt Administration compromise to reduce nitrogen oxide emissions from coal-fired power plants by 68 percent by 2006. The cost of meeting the new rules was estimated at $350 million for Duke Power and $327 million for CP&L. Environmental groups, which sought an 80 percent reduction, expressed disappointment. Supporters of the plan said pollutants would be significantly reduced and the two companies agreed not to challenge the rules in court. "These rules are a major step forward in carrying out Gov. Hunt's clean air plan for substantially improving air quality, protecting public health and sustaining our economy," DENR Secretary Bill Holman said. The commission had to meet an Oct. 31 federal deadline. North Carolina is one of 22 states under an EPA orders to cut emissions, but that order has been challenged. A contingency plan adopted by the commission guarantees a minimum 56 percent reduction if the federal order is blocked.

Unemployment Rate Rises to 3.6%
North Carolina’s seasonally-adjusted unemployment rate increased to 3.6 percent in September from 3.5 percent in August, said Employment Security Commission Chairman Parker Chesson. North Carolina’s unemployment rate remains below the U.S. rate, which fell 0.2 percent to 3.9 percent in September. One year ago, North Carolina’s jobless rate was at 3.2 percent. North Carolina’s labor force was estimated at 3,948,600 in September.

Strong turn-out for 'no excuse' early voting 
More than 30,000 voters already have cast ballots for the Nov. 7 election under new no-excuse absentee voting procedures implemented this year, according to the State Board of Elections and county election boards. The state elections board's tally, as of Oct. 25, said 27,448 early ballots had been cast in 22 counties. Those figures don't include Guilford County, where more than 5,000 people have voted, Randolph County with 830 or Rockingham County with 369. The state board said Democrats have cast 49.9 percent of the votes in the 22 counties it checked. Republicans accounted for 39.8 percent and unaffiliated voters for 10.1 percent.



Please continue reading other stories in this issue of the newsletter:
Business Growth
A German blimp maker lands near the coast
Washington Watch
Coverage of Congress updated daily during sessions
Names in the News
Timken CEO Tim Timken Jr. is installed as NAM chairman. Lt. Gov. Wicker to join Smith Helms law firm
Education Seminars
NCBCE has answers about new promotion standards 
Resources and links
How to reach most federal agencies
Calendar of Events
Check the master list of NCCBI meetings
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