Sen. Daniel Newsletter for Aug. 19 2011

DISTRICT 44

Burke AUGUST 19, 2011

Caldwell AUGUST ISSUE #1

Dear Friends,

Mrs. Perrigo enjoying the scenery from her canoe ride on Lake James this past weekend.

CONTACT INFORMATION:

Senator Warren T. Daniel Legislative Office Bldg., Room 411 300 N. Salisbury St. Raleigh, NC 27603-5925 Email: warren.daniel@ncleg.net Phone: 919-715-7823 Fax: 919-754-3265

District Office of Sen. Warren Daniel 348 Harper Avenue NW Lenoir, NC 28645 Email: senwarrendaniel@bellsouth.net Phone: 828-754-9335 Fax 828-754-9335 (Please call before faxing) www.facebook.com

** http://bit.ly/SenDaniel (For pictures, more news, resources)

Last week Governor Perdue issued Executive Order 100 directing DHHS to provide free Pre-K/daycare for up to 65,000 at risk 4-year-olds. I contend (as do many others here in Raleigh) that the Governor’s order does not comply with the court’s intent regarding Pre-K/daycare, and as a result, the General Assembly filed a motion in the Wake County Superior Court seeking clarification of the court’s order. In 2004, the North Carolina Supreme Court ruled that state-funded Pre-K/daycare for 4-year-olds is not a constitutional right. In Hoke County Board of Education v. State of North Carolina, 358 N.C. 605, 599 S.E.2d 365 (2004) (Leandro II), the NC Supreme Court reversed the trial court order issued by Judge Manning which ordered the State to "expand pre-kindergarten educational programs so that they reach and serve all qualifying "at-risk" students. " The Court concluded that the "mandate requiring expanded pre-kindergarten programs amounts to a judicial interdiction that, under present circumstances, infringes on the constitutional duties and expectations of the legislative and executive branches of government." Based on this 2004 ruling by the Supreme Court, we believe the court did not intend for the governor to discover a constitutional mandate for a universal, state-funded PreK/daycare entitlement for 4-year-olds and that the governor’s interpretation of the ruling is directly at odds with the state constitution, which exclusively provides the power to appropriate state funds to the legislative branch. According to the General Assembly’s nonpartisan Fiscal Research staff, the effective cost of implementing Exec. Order 100 is $5,000 per child. The total cost per child, including the match from local governments, is $8,000. Executive Order 100 was not clear regarding the obligation of local governments to provide their portion of the per-child cost, leaving the possibility that the state could be responsible for the entire $8,000.If the governor’s interpretation of the ruling is upheld and local governments are held responsible for a match of state funds, the cost to local governments could easily exceed $100 million.

Continued on page 2

WITH LIBERTY AND JUST FOR ALL “For more than three centuries, moral values have been the life-support system of this country.

The men and women who planted their stand on these shores in the year 1607 vowed to build here a nation founded on virtue and moral integrity. And during all those years their promises and plan held true. The American people brought forth on this continent a nation dedicated to liberty and justice. The founders were committed to strong moral principles based on individual liberty and personal responsibility.”

- James Kennedy - James Kennedy

Burke

DISTRICT 44

Caldwell Page 2

AUGUST 19, 2011

Depending on whether the court determines federally-funded programs such as Head Start and Title 1, are of similar quality to NC Pre-K/daycare, the number of children covered by Exec. Order 100 varies between 29,000 and 45,000, and could cost the state from $200 million to $272 million. Based on our fiscal constraints, it is infeasible to more than double funding for NC Pre-K and still retain the quality requirements set out in the budget; consequently, county budgets are unlikely to be able to support a doubling of the local match for additional NC Pre-K slots.

Gov. Perdue’s interpretation of the court’s order, and her Executive Order, is an executive branch mandate to the legislature to appropriate additional funds, which violates Article V, Section 7 of the North Carolina Constitution. I do not believe that the court intended for the governor to interpret the ruling in a way that creates a universal, constitutional entitlement to state funded Pre-K/daycare for 4-year-olds, and that is why the General Assembly is asking the court for clarification.

My Legislative Assistant Andy and family had a great time in Burke County this past Friday and Saturday! They started off by satisfying their hunger with a delicious meal at Abele’s Restaurant. They also drove over to experience a bit of the Waldensian festival in Valdese.

Andy’s boys really enjoyed looking at the classic muscle cars while Andy satisfied his sweet tooth at the Sara Lee store. The whole family was able to enjoy ice cream from Sen. Jacumin’ s John Deere Hit-n-Miss Engine Ice Cream Machine while at the festival. Their brief trip to Burke County ended at Lake James State Park with some swimming and canoeing (see picture on page one). Burke is truly a beautiful county!

Sincerely,

HB 344 Tax Credits for Children with Disabilities This past session the North Carolina General Assembly passed H344, Tax Credits for Children with Disabilities, with wide bipartisan support. With the passage of H344, NC becomes the eighth state to create a nonrefundable income tax credit for part of the expense of each eligible child who is educated in a home school, private school or a in a public school that charges tuition.

This tax credit could amount to $3,000 per semester. This bill also created a new Fund for Special Education and Related Services. This fund will be used for special education and related services for children with disabilities in the public schools and to help reevaluate children who receive the tax credit.

Last Tuesday, Rep. Stam and special needs advocates presented a forum to a packed auditorium at the Museum of Natural Sciences in Raleigh. People from across the state showed up to express both their support and to offer suggestions on some needed changes to the bill.

Reps. Stam, Jordan, and Brandon promised to work hard to make some necessary changes in the future. It is estimated that, after the first two years, this bill will save the state $9.1 million per year and will save the counties $3.9 million per year.

More importantly, many children with special needs will be helped. Rep. Marcus Brandon spoke of the need of “Individualized Education” for these children. He believes this bill will help parents with the responsibility and privilege they have in caring for their children.

For more information about the lawincluding the eligibility requirements- go to http://bit.ly/nsb4E5. This link is to a pdf document of the presentation that explains the details of the bill. If you are a parent of a special needs child, contact different advocacy groups, such as ARC of NC, the Autism Society of NC, or pefnc.org.

TEA PARTY BLUNDER

One overlooked fact about the Boston Tea Party of December 16, 1773, is that the Colonists, dressed as Indians, inadvertently chose low tide to throw the party – and the tea – overboard.

What happened was that the nearly 350 crates of tea piled up in the shallow water, and the partygoers had to jump overboard to smash open the crates to make sure the tea was ruined. Talk about some chilly water….