Lawyers for Wake CARES have come out swinging against the school system and the N.C. Court of Appeals in their brief to the N.C. Supreme Court.
The brief defends Wake County Superior Court Judge Howard Manning Jr.'s decision requiring Wake to get parental consent for year-round schools. The brief also lays out reasons for contending that the appellate ruling was in error.
"The informed parental consent solution ultimately allowed the school system to preserve the bulk of its program of conversion to year round schools but also preserved rights of parents to control aspects of the education of their children," according to the brief. "It was a measured remedy to a complex problem, largely created by the Defendant—Appellees actions overestimating public support for their plan and not understanding the limits of their power."
Much is made of the difference in opportunities for families between the traditional calendar and year-round calendar. The brief contends parents have the right to preserve the opportunities available under the traditional calendar.
"While it is understandable that the educational establishment would want the power to control the lives of children during the school year so that they can balance their budgets, this decision making power is not given to the educational establishment but more properly is given to parents who are in a better position to make this decision and who under our constitutions are given the power to control the education of their children," according to the brief.
The school system has until Oct. 27 to file its brief.
It's probably going to be awhile before a ruling is issued.
Click here to read Wake CARES' brief.
Click here to read the appellate ruling.
Click here to read Manning's ruling.
Comments
Argue with anonymous?
Sun, 10/12/2008 - 08:43 — Dadof3Regarding WakeCAREs, ahem, "facts": Sure I can read, type and work a spelling dictionary too. I think we do agree on the main point -- that voting for the BoE has been abysmally low, a point that I drum every chance I get. Now, if you're trying to infer that the regular participants here don't vote, then, again, don't let ignorance inhibit your free expression.
As for WC, in my faith calumny is a sin, and least I can do is point out when someone engages in it. You also ignore another main point, kids or not everyone has a stake in the system.
Anonymous: Its disturbing how people act when they don the pillow-white mask of anonymity. You're not the first white-hooded stone thrower at WC on this board.
Winston Churchill: "You have enemies? Good. That means you've stood up for something, sometime in your life. "
Get your facts right
Fri, 10/10/2008 - 20:03 — SideburnsAre you sure about your comments regarding the founders of WakeCARES? You should really check your facts before spouting off. You are wrong, wrong, wrong.
It is interesting to note....
Fri, 10/10/2008 - 16:02 — Anonymous (not verified)funny as it may sound the founders of WAKE CARES have children who are not at all affected by the outcome - one has all children in magnet programs, the other middle and high - no threat to their daily lives no matter how it turns out.
I find it interesting that parents who can't be bothered to come out and vote in the BOE elections, yet are obviously upset with their decisions, leave their , blindly even, up to those who REALLY have no vested interest and are unaffected by the results of the lawsuit. They will be going along on their merry way...while your kids may be switched to another school, another calendar, AGAIN.....
How do you know they didn't vote?
Fri, 10/10/2008 - 20:41 — fiestamomWere in in the voting booth with all of the founders of Wake Cares as they declined to vote for the BOE?
Why do you get to decide if there is a "threat to their daily lives" or not?
go away Nanny stater
Don't let ignorance
Fri, 10/10/2008 - 20:07 — Dadof3Don't let ignorance inhibit your free expression. Funny as it sounds, you're wrong. Besides everyone has or should have an interest in this public schools, kids or no kids. I'm consistent on this point. Even Wake County eunuchs have a say in the matter. Now's that's an interesting group.
Truth, Justice & the American Way
Fri, 10/10/2008 - 15:41 — Anonymous (not verified)My money is on WakeCARES, Judge Manning, the Dow Industrials & Lisa B's undaunting optimism.
Core fundamentals over time.
Ordinarily
Fri, 10/10/2008 - 09:56 — Dadof3Ordinarily, I would task WakeCAREs for using the courts to usurp the legislative and executive process. However, in Wake County, the WCPSS is broken, as is the process that installed it and now maintains it, which is why we have courts. (hint: it's not for "Big Law" and it sure is BIG) In WC, 2 Wolves eating the one sheep, Raleigh eats OTB.
Go WakeCARES! Go Ron! Del-Chuck: get a NEW JOB!
Yeah...
Fri, 10/10/2008 - 11:41 — Bob_SconceThe problem here is that the legislature did speak -- there's a calendaring law that says every student has to be on a traditional calendar, but that the district may provide alternative services on other calendars (at least under Judge Manning's interprestation of that law). WCPSS' original plan ignored the first part of that and skipped to the second. Judge Manning didn't usurp anything here -- he did what courts are supposed to do: apply existing law to the facts of the case at hand.
I don't think the administrators need new jobs as much as they need new bosses.
New jobs
Fri, 10/10/2008 - 22:03 — Dadof3If you mean swap out the board, (eR) that would be new oversight, more so than a mainstream definition of a boss with directs, no?
That said, Chuck is aggressive in pushing his agenda with personal motives, as he's expressed -- I believe that matters. Then again, if we rejigger the board properly, it would (or should) moot that position.
yes.........
Sun, 10/12/2008 - 00:03 — Anonymous (not verified)yes,that is true about WAKE CARES ...go ahead and find out the TRUE FACTS aboutt the founders....FUNNY you argue truth without knowing....ask them directle WHICH schools their kids attend and you will see..My point about voting.....not about WAKE CARES for pete
s sake , can you READ .............but about the fact that less than 5% of reg voters VOTED in the fall for BOE and continue to MOUTH OFF about school issues............get out and VOTE