Thursday, May 03, 2007

Reading Through the Ruling...

Below is an excerpt of the court's ruling. In this section Judge Manning is addressing the Wake County Board of Education's "assignment appeals process":

From page 20 of the ruling:

In plain English, the law does not require a person to go through a process in which the outcome is already predetermined under the guise that the person will receive a fair and impartial hearing, an absolute right under due process standards. In this case, requiring each student and their parents who are affected by a mandatory assignment to a four (4) track year round school without their consent to appeal the "assignment to a particular mandatory year round school" decision is futile. This is because the underlying decision to convert is non-negotiable.

Because the BOE will not, and emphatically refuses, to undo its decision relating to the mandatory year round schools, the only crumb left to the affected students and their parents in the "assignment" process is not whether or not the student's base school is traditional or year round, but rather whether or not the BOE, through its cumbersome and lengthy "assignment" process will permit [emphasis in original] the student and the student's family to get "off the hook and allow transfer to another school for the 2007-08 which has a traditional calendar.

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