Burke DISTRICT 44 Caldwell

Dear Friends, Last week Governor Perdue issued Executive Order 100 directing DHHS to provide free Pre-K/daycare for up to 65,000 at risk 4-year-olds. I contend (as do many others here in Raleigh) that the Governor’s order does not comply with the court’s intent regarding Pre-K/daycare, and as a result, the General Assembly filed a motion in the Wake County Superior Court seeking clarification of the court’s order. In 2004, the North Carolina Supreme Court ruled that state-funded Pre-K/daycare for 4-year-olds is not a constitutional right. In Hoke County Board of Education v. State of North Carolina, 358 N.C. 605, 599 S.E.2d 365 (2004) (Leandro II), the NC Supreme Court reversed the trial court order issued by Judge Manning which ordered the State to "expand pre-kindergarten educational programs so that they reach and serve all qualifying "at-risk" students. " The Court concluded that the "mandate requiring expanded pre-kindergarten programs amounts to a judicial interdiction that, under present circumstances, infringes on the constitutional duties and expectations of the legislative and executive branches of government." Based on this 2004 ruling by the Supreme Court, we believe the court did not intend for the governor to discover a constitutional mandate for a universal, state-funded Pre-K/daycare entitlement for 4-year-olds and that the governor’s interpretation of the ruling is directly at odds with the state constitution, which exclusively provides the power to appropriate state funds to the legislative branch. According to the General Assembly’s nonpartisan Fiscal Research staff, the effective cost of implementing Exec. Order 100 is $5,000 per child. The total cost per child, including the match from local governments, is $8,000. Executive Order 100 was not clear regarding the obligation of local governments to provide their portion of the per-child cost, leaving the possibility that the state could be responsible for the entire $8,000.If the governor’s interpretation of the ruling is upheld and local governments are held responsible for a match of state funds, the cost to local governments could easily exceed $100 million.

Continued on page 2

CONTACT INFORMATION: Senator Warren T. Daniel Legislative Office Bldg., Room 411 300 N. Salisbury St. Raleigh, NC 27603-5925 Email: warren.daniel@ncleg.net Phone: 919-715-7823 Fax: 919-754-3265 District Office of Sen. Warren Daniel 348 Harper Avenue NW Lenoir, NC 28645 Email: senwarrendaniel@bellsouth.net Phone: 828-754-9335 Fax 828-754-9335 (Please call before faxing)

www.facebook.com

** http://bit.ly/SenDaniel

(For pictures, more news, resources)

AUGUST ISSUE #1

“For more than three centuries, moral values have been the life-support system of this country.

The men and women who planted their stand on these shores in the year 1607 vowed to build here

a nation founded on virtue and moral integrity. And during all those years their promises and plan

held true. The American people brought forth on this continent a nation dedicated to liberty and

justice. The founders were committed to strong moral principles based on individual liberty and

personal responsibility.” - James Kennedy

- James Kennedy

WITH LIBERTY AND JUST FOR ALL

AUGUST 19, 2011

Mrs. Perrigo enjoying the scenery from her canoe ride on Lake James

this past weekend.

Burke DISTRICT 44 Caldwell

Page 2

Depending on whether the court determines federally-funded programs such as Head Start and Title 1, are of similar quality to NC Pre-K/daycare, the number of children covered by Exec. Order 100 varies between 29,000 and 45,000, and could cost the state from $200 million to $272 million. Based on our fiscal constraints, it is infeasible to more than double funding for NC Pre-K and still retain the quality requirements set out in the budget; consequently, county budgets are unlikely to be able to support a doubling of the local match for additional NC Pre-K slots. Gov. Perdue’s interpretation of the court’s order, and her Executive Order, is an executive branch mandate to the legislature to appropriate additional funds, which violates Article V, Section 7 of the North Carolina Constitution. I do not believe that the court intended for the governor to interpret the ruling in a way that creates a universal, constitutional entitlement to state funded Pre-K/daycare for 4-year-olds, and that is why the General Assembly is asking the court for clarification. My Legislative Assistant Andy and family had a great time in Burke

County this past Friday and Saturday! They started off by satisfying

their hunger with a delicious meal at Abele’s Restaurant. They also

drove over to experience a bit of the Waldensian festival in Valdese.

Andy’s boys really enjoyed looking at the classic muscle cars while

Andy satisfied his sweet tooth at the Sara Lee store. The whole

family was able to enjoy ice cream from Sen. Jacumin’ s John Deere

Hit-n-Miss Engine Ice Cream Machine while at the festival. Their

brief trip to Burke County ended at Lake James State Park with

some swimming and canoeing (see picture on page one). Burke is

truly a beautiful county!

Sincerely,

One overlooked fact about the Boston Tea Party of December 16, 1773, is that the Colonists,

dressed as Indians, inadvertently chose low tide to throw the party – and the tea – overboard.

What happened was that the nearly 350 crates of tea piled up in the shallow water, and the

partygoers had to jump overboard to smash open the crates to make sure the tea was ruined. Talk

about some chilly water….

TEA PARTY BLUNDER

HB 344 Tax Credits for Children

with Disabilities

This past session the North Carolina

General Assembly passed H344, Tax Credits for

Children with Disabilities, with wide bipartisan

support. With the passage of H344, NC becomes

the eighth state to create a nonrefundable income

tax credit for part of the expense of each eligible

child who is educated in a home school, private

school or a in a public school that charges tuition.

This tax credit could amount to $3,000 per

semester. This bill also created a new Fund for

Special Education and Related Services. This fund

will be used for special education and related

services for children with disabilities in the public

schools and to help reevaluate children who

receive the tax credit.

Last Tuesday, Rep. Stam and special

needs advocates presented a forum to a packed

auditorium at the Museum of Natural Sciences in

Raleigh. People from across the state showed up

to express both their support and to offer

suggestions on some needed changes to the bill.

Reps. Stam, Jordan, and Brandon promised to

work hard to make some necessary changes in the

future. It is estimated that, after the first two years,

this bill will save the state $9.1 million per year

and will save the counties $3.9 million per year.

More importantly, many children with

special needs will be helped. Rep. Marcus

Brandon spoke of the need of “Individualized

Education” for these children. He believes this bill

will help parents with the responsibility and

privilege they have in caring for their children.

For more information about the law-

including the eligibility requirements- go to

http://bit.ly/nsb4E5. This link is to a pdf

document of the presentation that explains the

details of the bill. If you are a parent of a special

needs child, contact different advocacy groups,

such as ARC of NC, the Autism Society of NC, or

pefnc.org.

AUGUST 19, 2011