CHARLOTTE, NC (WBTV) - State Superior Court Judge Howard Manning wants to dig into the North Carolina Constitution. He wants to know if proposed cuts to education are unconstitutional.
North Carolina's constitution states every child is guaranteed the right to a sound basic education. The fear is slashing the education budget would interfere with that. The first reading of the Senate's version of the budget has chopped $1 billion away from education. Lawmakers blame their decisions on the economy, but Manning says that shouldn't matter.
"The current financial difficulties of the State do not relieve, justify or excuse," Manning said. "The State of North Carolina from its constitutional obligation to provide each and every child in North Carolina an equal opportunity to obtain a sound basic education."
Law professor Malik Edwards teaches at Charlotte School of Law. He says education is a top priority in the constitution.
"Things that are part of the constitution," Edwards said. "Get a level of protection. They are fundamental rights and so they can't be cut, you have to cut something else."
Edwards says if parents can prove their children's education will suffer because of cuts, they could sue. This could be their argument.
"If you cut the number of teachers," Edwards said. "And we end up with 50 students in a class - you bring in research to support you can't get a sound basic education in classes of that size."
Governor Bev Perdue is commending Judge Manning for taking a hard look at the constitution. She warns politicians to do the same.
"Our forefathers and mothers knew clearly that North Carolina," the governor said. "Could transform itself by the investment in education. Any policy leader who walks away from that investment is not a good policy leader."
Edwards says if the judge decides students' rights are jeopardized because of the cuts, Manning could intervene until the money is right.
"Put a hold on all spending," Edwards said. "And say you can't do any spending until your budget meets sound basic education."
Manning has a hearing on this matter June 22nd.
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