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RALEIGH – The pre-K program "More at Four" was at the heart of a legal decision Monday, which could force the legislature to change its current budget.

Judge Howard Manning Jr. ruled the state cannot cap the amount of at-risk children who can be involved in the program, because it denies them their constitutional right to a "sound, basic education." Manning says any budget cuts which deny access to at-risk children can not be enforced.

But the state constitution also requires legislators to create a balanced budget, which they've already done.
Judge Manning's ruling could throw it out of balance.

Former state Supreme Court Justice Bob Orr says if an appellate court doesn't issue a stay, the state will be forced to comply with Manning's ruling.

"The question is," said Orr, "is the current General Assembly now required to make sure that pre-K programs are offered to all at-risk students and that is yet to be determined."

Governor Bev Perdue's office has asked the legislature to "act swiftly" on Manning's decision, but House Speaker Thom Tillis says the decision will require no action on the budget.