Hoke County Board of Education v. State

ELMORE, Judge.

The State appeals from an order titled “Memorandum of Decision and Order Re: Pre-Kindergarten Services of At-Risk Four Year Olds” which mandates, in sum, that the State 1) not deny any eligible at-risk four year old admission to the North Carolina Pre-Kindergarten Program and 2) not enforce specific provisions of the 2011 Budget Bill. We affirm in part, and dismiss in part.

I. Background

The dispute between the parties of this appeal began in 1994, when plaintiffs sought a declaratory judgment regarding the state constitutional requirements of “all North Carolina children to…