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HOKE COUNTY BD. OF EDUC. v. STATE

No. COA11-1545.

731 S.E.2d 691 (2012)

HOKE COUNTY BOARD OF EDUCATION, et al., Plaintiffs, and Asheville City Board of Education, et al., Plaintiff-Intervenors, v. STATE of North Carolina; State Board of Education, Defendants.

Court of Appeals of North Carolina.

August 21, 2012.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Solicitor General John F. Maddrey , for the State.

Robert W. Spearman , Melanie Black Dubis , Scott E. Bayzle of Parker Poe Adams & Bernstein, LLP, Raleigh, H. Lawrence Armstrong Jr. , of Armstrong Law, PLLC, Enfield, and Christine Bischoff of North Carolina Justice Center, attorneys for Hoke County Board of Education, et al.

James G. Exum, Jr. , Greensboro, and Matthew N. Leerberg of Smith, Moore, Leatherwood, attorneys for State Board of Education.*

ELMORE, Judge.

The State appeals from an order titled "Memorandum of Decision and Order Re: Pre-Kindergarten Services of At-Risk Four Year Olds" which mandates, in sum, that the State 1) not deny any eligible at-risk four year old admission to the North Carolina Pre-Kindergarten Program and 2) not enforce specific provisions of the 2011 Budget Bill. We affirm in part, and dismiss in part.

I. Background

The dispute between the parties of this...

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