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North Carolina High Court Finds State Duty to Address Educational Needs of Preschoolers

In July 2004, the North Carolina Supreme Court ruled in Hoke County Board of Education v. State of North Carolina that North Carolina had violated the fundamental rights of children in low-wealth school districts by not providing an opportunity to receive a sound basic education. Within the context of this ruling, the Court found a constitutional duty on the part of the State to help prepare "at-risk" preschoolers for the opportunity to obtain a sound basic education. The Court agreed with a trial court finding that the State's efforts toward preschoolers were inadequate, but reversed the lower court's order directing the State to fund a preschool program. Instead, the North Carolina high court deferred to the expertise of the legislative and executive branches to develop an appropriate remedy for disadvantaged preschoolers. The Court also noted that the trial record failed to establish that preschool was a proven method to address the needs of disadvantaged youngsters. The Court left open the possibility of revisiting the issue of state funding for preschool in the event the North Carolina legislature fails to address the needs of at-risk preschoolers, but also noted the progress the State has made through the enactment of the More at Four preschool program.

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Starting at 3, a project of Education Law Center, is supported by a grant from The Pew Charitable Trusts

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