State Supreme Court Blocks Ruling On Year-Round Schools
Thursday, May 22, 2008 - 03:40 PM Updated: 07:41 PM
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RALEIGH, N.C. – The legal battle over year-round schools in Wake County appears to be far from over.
The state Supreme Court has blocked a Court of Appeals ruling that would have assigned some Wake County students to attend year-round schools even if parents objected to school assignments.
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Read More: Court Of Appeals: No Parental Consent For Year-Round Schools
The state Supreme Court has blocked a Court of Appeals ruling that would have assigned some Wake County students to attend year-round schools even if parents objected to school assignments.
Discuss This Story
Read More: Court Of Appeals: No Parental Consent For Year-Round Schools
This request, made by the parents group Wake Cares, means that the Court of Appeals ruling made two weeks ago cannot go into effect until the high court hears the case.
Wake Cares sued the school system in March 2007 to stop the mandatory assignments.
Wake County Superior Court Judge Howard Manning ruled in favor of the parents two months later.
A three-judge panel overturned Manning’s ruling two weeks ago. The justices ruled the Board of Education has the right to change schools from traditional to year-round calendars and to assign students to the schools without getting parents’ permission.
The temporary block issued Thursday by the State Supreme Court basically means children can only be assigned to year-round schools if their parents sign a consent form. The decision in favor of Wake Cares will stand until the State Supreme Court decides if it wants to take up this case.
Wake County School officials have said in the past they need year-round schools to keep up with all of the recent growth and enrollment. A member of Wake Cares, Dawn Graff, said parents should have the choice because year-round schools can cause childcare expenses and sometimes disrupt family life and academics.
"We are appreciative that the higher court is considering hearing the case and while we're appreciative and excited we're also cautiously optimistic that the case will be heard and perhaps there will be a different outcome,” Graff said.
A three-judge panel overturned Manning’s ruling two weeks ago. The justices ruled the Board of Education has the right to change schools from traditional to year-round calendars and to assign students to the schools without getting parents’ permission.
The temporary block issued Thursday by the State Supreme Court basically means children can only be assigned to year-round schools if their parents sign a consent form. The decision in favor of Wake Cares will stand until the State Supreme Court decides if it wants to take up this case.
Wake County School officials have said in the past they need year-round schools to keep up with all of the recent growth and enrollment. A member of Wake Cares, Dawn Graff, said parents should have the choice because year-round schools can cause childcare expenses and sometimes disrupt family life and academics.
"We are appreciative that the higher court is considering hearing the case and while we're appreciative and excited we're also cautiously optimistic that the case will be heard and perhaps there will be a different outcome,” Graff said.
Ann Majestic, the Wake County School System attorney, said the block, or stay, is very one-sided because the school system hasn't had a chance to present its case yet. As for how children are assigned to schools this summer, she said the school board will have to look at what it needs to modify in terms of how parents consent to assignment.
School board members previously voted to stay the course with assignments for the 2008-09 school year. The school system also sent out permission letters last week. In the following weeks, letters reminding parents of their child’s assignment will be sent out. The school board wants every student to have an assignment by June 1.
Students who applied for a traditional calendar school won’t be affected.
The ruling does mean it’s unlikely the school board will restore the traditional calendar to the 22 schools it converted to a year-round schedule last year. But there is still a question about what will happen with the school board’s plans to open all new elementary and middle schools on year-round calendars.
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