A unanimous three-judge panel of the N.C. Court of Appeals has upheld the Wake County school board’s authority to assign students to year-round schools.

The ruling overturns an opinion from Wake Superior Court Judge Howard Manning, who had ruled last year that Wake schools needed parents’ permission before assigning students to schools with year-round calendars.

The appeals judges agree the debate about year-round schools should not be settled in a courtroom:

We note that much of the trial court’s decision as well as the
materials submitted by the parties to the trial court addressed the
advantages and disadvantages of a year-round calendar. Such
questions are for the local boards of education, the State Board of
Education, and the General Assembly to decide. As our Supreme
Court stressed in its landmark education decision:

The legislature, unlike the courts, is not
limited to addressing only cases and
controversies brought before it by litigants.
The legislature can properly conduct public
hearings and committee meetings at which it
can hear and consider the views of the general
public as well as educational experts and
permit the full expression of all points of
view as to what curricula will best ensure
that every child of the state has the
opportunity to receive a sound basic
education.

HT: Donna Martinez.