RALEIGH - A state appellate court decision Tuesday means that beginning in the 2009-10 school year, Wake County will resume sending children to year-round schools even if their parents object.

The Wake school board flexed its muscles in the afternoon after the state Court of Appeals ruled that the county can assign students anywhere it pleases. The appellate court overturned a ruling that had required the district to get permission from parents to send children to year-round and modified-calendar schools.

The board decided that Wake residents will still be able to opt out of year-round and modified-calendar schools for the 2008-09 year.

"We need to make it clear this is a one-year assignment," said school board member Patti Head. "They will be assigned back to a year-round school."

Newcomers will have no such privilege. In 2008-09 the district will assign their children to the schools it sees fit.

"These people need to go where they're supposed to go," said Beverley Clark, vice chairwoman of the school board.

The district says year-round schools accommodate more children, helping the county deal with runaway growth. Wake's decision last year to convert 22 schools to the year-round calendar and to open all new elementary and middle schools on that basis prompted Wake CARES, a parent group, to sue.

Wake CARES argued that it was against state law to require students to attend year-round schools. School leaders said they had all the authority they needed.

The school district's plans were thrown into doubt in May 2007 when Wake County Superior Court Judge Howard Manning Jr. agreed that parental consent was needed. More than 90 percent of parents gave consent, but still, many year-round schools had empty seats and several traditional-calendar schools became overcrowded.

On Tuesday, a three-judge appellate panel unanimously agreed that Manning had ruled incorrectly.

No decision on an appeal

Kathleen Brennan, a co-founder of Wake CARES, said no decision has been made on whether to appeal.

"Regardless of the ruling they should be responsive to what parents want," said Brennan. "I hope within the next year in each geographical area there is a balanced number of year-round and traditional options, so families who cannot make it work will have some good options."

The ruling saw mixed reaction from parents.

"I feel so badly for all those kids who will be forced to go to year-round when it doesn't work for their families," said Amy Leinfelder, who began home-schooling her child after the family's North Raleigh school went year-round.

Parent Lisa Krise said she was glad the ruling was in favor of Wake.

"There was a silver lining in that people were able to have their voice heard, but this gives us an opportunity to move forward," said Krise, who has two children at Leesville Road Elementary School, which was converted to a year-round school last year.

The appellate decision led to spirited debate among school board members.

The board split 5-3 on a plan to send new consent forms to parents. The assumption now will be that families will stay at a year-round or modified-calendar school if they don't return the document.

"It's just unconscionable for us to change the rules in the middle of the game regardless of the court decision," said school board member Ron Margiotta, who opposed the change.