In the long-running lawsuit known as Leandro, attorneys representing five low-wealth counties have challenged the $19.7 billion budget passed by the legislature .

The spending plan will be the subject of a hearing today by Wake County Superior Court Judge Howard Manning Jr., who has monitored school funding for years as part of the landmark Leandro case.

In ordering the hearing, Manning wrote that despite the difficult economic situation and a gaping budget shortfall, the basic educational assets guaranteed to each child "must remain in place in every school and classroom in the State of North Carolina."

When the judge's order was filed last month, Senate leader Phil Berger declined to comment in detail about the Leandro case, but said he hoped Manning wasn't trying to assume the role of lawmaker.

The Republicans want to add more money for teachers to reduce class size in early grades. But their plan makes other significant reductions to education and forces local school districts to do more cutting.

And that's where the plan runs afoul of the state constitution, say attorneys for the Leandro plaintiffs - school districts in Hoke, Robeson, Vance, Halifax and Cumberland counties.

In a pre-hearing document, they argue that the pending budget "breaks the Constitution's promise to the children of North Carolina that they have an equal opportunity to a sound basic education."

They say the legislature's budget "eviscerates" requirements previously ordered by the court and approved by the state Supreme Court .

In large part, these initiatives were efforts by the state to comply with the court rulings in the Leandro case, said Melanie Dubis, one of the plaintiffs' attorneys.

"The court is not supposed to make legislation," Dubis said. "However, it is very clearly the court's job to interpret the constitution and to enforce the constitution and to review legislative acts for constitutionality."