Court blocks year-round school ruling

RALEIGH -- The state Supreme Court has temporarily blocked a court ruling that would have allowed Wake County to send children to year-round schools even if their parents object.

The Supreme Court order means that the ruling by the Court of Appeals cannot take effect until the high court decides whether to review the case.

The decision today will likely force the school district to change how it assigns students to year-round schools this summer.

The Appeals Court earlier this month sided with the Wake school board in a suit filed by parents who opposed assignment of their children to year-round schools. In that ruling, the Appeals Court said the district did not need permission from parents to send children to year-round and modified-calendar schools.

The Appeals Court ruling overturned a decision by Superior Court Judge Howard Manning Jr., who said the district must have parental permission for such assignments.

The parents group Wake CARES, which filed the suit, asked for the stay that was issued today. The group has asked the Supreme Court to take the case on appeal, though the court has not decided whether to do so.

Following Manning's ruling, the school board assigned children to year-round schools only if their parents signed and returned a consent form.

But after the Appeals Court reversed Manning's order, the school board said it would change the process. The board said this month it would assume that parents consented to assignments to year-round or modified-calendar schools unless a family returned a form opting out. Also, the board planned to offer no such opt-out to newcomers to the school system.

School board Chairwoman Rosa Gill said that as a result of the Supreme Court's action today the board will likely seek the consent of newcomers to send their children to year-round schools. The school system probably will contact families who have not returned the opt-out forms to see if they do want their children to go to year-round schools, she said.

The opt-out forms are due back to the school board June 1.

The school board says year-round schools accommodate more children, helping the county deal with runaway growth. Its 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 the suit by Wake CARES.