Tuesday, September 11, 2012

North Carolina NAACP to Hold News Conference in Greenville on the NC General Assembly Leadership's Disregard For the Constitution and Cuts to Pre-K Education

FOR IMMEDIATE RELEASE

11 September 2012  

For More Information: Rev. Dr. William J. Barber, II President, 919-394-8137

Mrs. Amina J. Turner, Executive Director, 919-682-4700

For Media Assistance: Ms. Sharon Coleman, Office Communication Manager,  

919-682-4700

GREENVILLE - The North Carolina State Conference of the NAACP along with local branches from around eastern North Carolina will hold a news conference on Wednesday morning, September 12, at a local daycare center in Greenville, NC on the NC General Assembly's attacks on the constitutional rights to an education afforded to four-year old children.

The news conference will take place Sandra's Tons of Love Daycare located at 307 Spruce St., Greenville, NC 27834. It will begin at 10:30 AM, Wednesday, September 12, 2012.

The news conference follows a ruling by the North Carolina Court of Appeals that upheld Superior Court Judge Howard Manning's ruling that the budget passed by the extreme rightwing leadership of the NC General Assembly was unconstitutional. The NC NAACP delivered an open letter to Speaker of the House Thom Tillis and President Pro Tem Phil Berger on August 31, 2012, which is copied below.

"Across the state poor four-year-old children are missing out on their constitutional right to a sound, basic education," said Rev. Dr. William J. Barber, II, president of the North Carolina NAACP. "These children are the future of our state, and who knows what leaders we are losing by denying them this critical educational opportunity. How dare they? We must hold elected officials accountable. These actions of the legislators and the power behind the decisions they make remind us how important it is to get out the vote in November."

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NC NAACP Open Letter to General Assembly Leadership:

Bringing the State into Compliance with its Constitution

August 31, 2012

Hon. Thom Tillis, Speaker of the House, North Carolina House of Representatives

Hon. Phil Berger, President Pro Tempore of the Senate, North Carolina Senate

State Legislative Building on Jones Street

Raleigh, NC

RE: Bringing the State into Compliance with Its Constitution

Dear Speaker Tillis and President Pro Tempore Berger:

            Our constitution states: "THE PEOPLE HAVE A RIGHT TO THE PRIVILEGE OF EDUCATION, AND IT IS THE DUTY OF THE STATE TO GUARD AND MAINTAIN THAT RIGHT." You swore to uphold this constitutional right when you took office.

            Isaiah 10:1-2 reads, "WOE TO THOSE WHO MAKE UNJUST LAWS, TO THOSE WHO ISSUE OPPRESSIVE DECREES; TO DEPRIVE THE POOR OF THEIR RIGHTS AND WITHOLD JUSTICE FROM THE OPPRESSED OF MY PEOPLE."

            The North Carolina Court of Appeals ruled last week that impediments you put in place during the last legislative session violated these rights of "at-risk four year olds" that are protected by this sentence.

            This ruling upheld Superior Court Judge Howard Manning's decision that impediments that blocked or discouraged this fall's enrollment of thousands of kids from poor families are unconstitutional.

            We believe many parents and their children, particularly in the low-wealth counties, were told by school authorities that they could not enroll in More At Four programs this fall because of the obstacles your legislation created. It is now your duty to take immediate steps to make sure each school district complies with its constitutional duty, namely to make sure every parent, guardian, and advocate of every at-risk four year old knows they can enroll NOW in a nearby More At Four program, with no governmental impediments. Such impediments are unconstitutional. Since it was your legislation that put our public schools in violation of the Constitution, you are responsible for correcting the violation.

            This extremist position to hurt the educational opportunities of these at-risk four year olds was not only unconstitutional, but picked on the least of these-children in poverty.

            We have been told that extremist ideologues in your group insist that you get the taxpayers to pay to ask the Supreme Court to review the solid constitutional logic in the Court of Appeals decision. Constitutional experts who have followed the Leandro line of cases say that, if you do request such a review, the best you can hope for is a simple affirmation of the Court of Appeals decision. In all likelihood it will uphold the lower court's decisions, and probably make them stronger.

            In the meantime thousands of our precious children lose their constitutional right to a sound basic education for this school year. School just started. If we hurry, many eligible children will only miss a couple of weeks of this invaluable educational opportunity.

            We know the system is stacked against these vulnerable, voiceless children. If you appeal this decision, it will probably take the rest of this school year for the Supreme Court to rule, thus causing this year's at-risk four year olds to lose their constitutional rights and the proven benefits of the head start this program affords.

            Have we lost our senses? Have we become ideological robots, who cannot hear the cries of our children?

            Get our state in compliance with our Constitution. If you need a special session, we are sure Governor Perdue will work with you to call and set one.

            Send out the word that all at-risk four year olds are welcome to enroll immediately in the effective More At Four programs. We are sure the Department of Public Instruction and the local school districts will be glad to mount a massive recruitment campaign of eligible children.

            Tell Attorney General Roy Cooper you do not want to appeal this solid constitutional decision. It will be a waste of the Attorney General's time, taxpayers' money, and will strip this year's at-risk four year olds of the opportunity to participate in this important educational experience.

Sincerely,

/s/

Rev. Dr. William J. Barber, II

President of the NC NAACP

Convener of HKonJ People's Assembly Coalition 

cc:  All HKonJ Partners

       All Media    

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