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RALEIGH – A decision issued last week by Judge Howard Manning says all at-risk children must have the right to pre-K education. It orders the "the state shall not deny any eligible at-risk 4-year-olds admission to the pre-kindergarten program."

Former state Supreme Court Justice Robert Orr says that means if 50 kids who qualify for More at Four show up and only 40 slots are available, the state will be in violation of Manning's order.

“I think there is a great deal of frustration on the part of Judge Manning,” said Orr.

Orr sat on the Supreme Court seven years ago when it ruled on one of Manning's education decisions. The court mandated the state find a way to give at-risk pre-K students a sound, basic education.

“If I understand Judge Manning's order now, the state has addressed it by saying More at Four and Smart Start are, in fact, the way we want to go in addressing pre-K programs for at-risk kids,” Orr said.

More at Four officials say there's always a waiting list for the program. The question is if that violates Manning's order.

Johnetta West is waiting for that answer. Her child has been accepted but she was told she had to pay, and now she says she won't know if she can afford to send her child to the pre-K program.

“The More at Four program is supposed to be complimentary. Now that the rules have changed, it's not in my budget,” said West.

The Attorney General's Office is representing the state and said attorneys with their office are still reviewing the ruling.