Judge Howard Manning

The Pre-K lunch story from Hoke County has been super-sized into a life of its own, and the umbilical cord connecting it with reality has been severed. Far from being an example of big government intrusion, the incident is really an example of the unintended consequences of short sighted shrinking of government, and de-regulation.

The construction and operation of childcare facilities and K-12 schools bear a deceptive superficial similarity to each other but the statutes, rules and codes governing them are quite different. The differences have chafed public school systems with Pre-K programs to the extent that many of those rules have been relaxed over the years as they apply to such programs in public schools. For example Session Law 2009-123 provided that public school facilities could be used for three and four year old preschool students without modifications normally required for child care facilities.

Just to get this little tid-bit where it belongs, at the top of the page:

The General Assembly shall provide by taxation and otherwise for a general and uniform system of free public schools which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students. (N.C. Const. art. IX sec. 2(1)).