Opinion

Wake Cares, Inc. v. Wake County Board of Education

  • 363 N.C. 165
  • 675 S.E.2d 345
  • 2009 N.C. LEXIS 351
Court
Supreme Court of North Carolina
Filed
May 1, 2009
Status
Published
Author
Edmunds
On the bench
Brady, Edmunds, Martin, Newby, Timmons-Goodson
Cited by
9 cases

allowing the assignment of students to year-round schools without parental consent

How later courts described this case

  • allowing the assignment of students to year-round schools without parental consent

Written by the judges who cited it.

The opinion

Justice EDMUNDS

concurring.

I concur with the majority holding affirming the Court of Appeals reversal of the trial court’s order. However, while I acknowledge the grave difficulties faced by defendant Wake County Board of Education and detailed in the majority opinion, I write separately to emphasize that this Court’s decision is compelled by the applicable constitutional provisions and statutes.

Nevertheless, plaintiffs are not without recourse. The record includes affidavits from individual plaintiffs establishing that mandatory year-round schools will be inordinately disruptive in their family lives. Under section 115C-369, parents or guardians of any student *174 assigned to a year-round school may seek reassignment and apply for a mandatory hearing if the request is denied. N.C.G.S. § 115C-369(a) (2007). At such a hearing, one of the factors that “shall” be considered is “the best interest of the child.” Id. § 115C-369(c) (2007). I cannot believe that “best interest” does not include at least some of the factors raised by plaintiffs, such as sibling placement, family schedules, and the like.

Moreover, plaintiffs have the ultimate remedy of the ballot box. Id. § 115C-37 (2007) (mandating election of county boards of education). While boards of education must make difficult choices as to how to allocate scarce resources, those boards are responsible to the voters, who have the power both to elect candidates of their choice and to unseat incumbents.

For the reasons given above, I concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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