Tuesday, May 06, 2008

Court Ruling on MYR Just In

I just received this verdict from the Court of Appeals regarding the mandating of year-round schools. In a nutshell, they over-turned the decision of Judge Howard Manning (requiring parental consent). More later...

"Appeal by defendants from order entered 3 May 2008 by Judge Howard E. Manning, Jr. in Wake County Superior Court. Heard in the Court of Appeals 9 January 2008.

GEER, Judge.
Defendant Wake County Board of Education ("the Board") appeals from the trial court's order concluding that the Board "lacks the statutory authority to convert traditional calendar schools to mandatory year round schools," but ruling that the Board "is authorized by law to operate, on a voluntary consensual basis, year round calendar schools," so long as it obtains "informed parental consent." (Emphasis original.) Based, however, upon our review of the controlling statutes, we hold that the Board is authorized by the General Assembly to establish year-round schools and to assign students to attend those schools without obtaining their parents' prior consent. We, therefore, reverse the decision below" [Manning's].

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