http://66.225.205.104/0603LMLEANDRO.mp3
State lawmakers are getting close to coming up with a budget. Yesterday, the Senate signed off on a spending plan which includes cuts to education. But there could be a wrinkle to those plans. Wake County Superior Court Judge Howard Manning has called a hearing later this month on whether those cuts would get in the way of providing children with a sound basic education as guaranteed by the state's constitution. WFAE's Lisa Miller is in the studio to talk about what this hearing could mean. Mark Rumsey: Why did Judge Manning call this hearing? Lisa Miller: He called the hearing in response to a motion filed by the Hoke County Board of Education. The board wanted the court to primarily look at two things: the cuts to the state's pre-kindergarten program, called More at Four, and the elimination of End of Course tests in U.S. History, Algebra II, Physical Science, Civics and Economics. Here's attorney Melanie Dubis who's representing Hoke County. DUBIS: We filed the motion so that the court will have an opportunity to hear evidence about the impact of the proposed budget and make a determination about whether the state will or will not be able to meet its constitutional obligations going forward. Now, this is part of a suit filed in 1994 called the Leandro case. Several rural counties, along with Hoke sued the state saying kids in their systems weren't receiving the same quality of education as those in districts with more funding. The More at Four pre-k program was prompted in part by Judge Manning's ruling that at-risk kids should begin receiving an education at age four. He also found state tests are a way to measure whether kids are receiving a sound education. MR: So this hearing is scheduled for June 22nd. But state lawmakers are wrapping up their budget negotiations this week. They must approve a budget by the end of the month. Is the hearing likely to have any real impact on the current budget? LM: That's hard to say. Judge Manning is known for using persuasive tactics to get lawmakers to listen to him. For example, he tends to issue memos stating his conclusions, rather than coming up with an outright order. He issued a 22-page memo in February, warning lawmakers that getting rid of those End of Course tests would be a violation of the state constitution. But the tests were eliminated anyway. He may be hoping this hearing will at least get lawmakers to re-assess what their spending on education. However, it doesn't seem like it's having much of an effect. Not much has changed with the education spending plans. And Senate leader Phil Berger told the Raleigh News and Observer he has a problem with judges assuming the role of legislators. He added he hopes that's not what Manning is trying to do. MR: What are the possible outcomes of the hearing? LM: The judge could come up with another memo. If he finds the cuts are a violation of the state constitution he could also issue an order. Now, he can't order lawmakers to spend more, but they'd have to address the situation in some way. Also, an order is subject to appealand that could be a long process.