cary news printclose window  
Published: May 13, 2008 03:47 PM
Modified: May 13, 2008 03:47 PM

My view: Ruling on year-round is right one
 
Story Tools
  Printer Friendly   Email to a Friend
  Enlarge Font   Decrease Font
  del.icio.us   Digg it
More Columns
Advertisements

Most Popular

With all due respect to Wake County Superior Court Judge Howard Manning Jr., the recent reversal of his decree of a year ago that the Wake County Board of Education needs parental consent to assign students to year-round schools is fine with me.

The state Court of Appeals, in a three-judge unanimous decision, said Manning’s pronouncement was wrong and thereby gave the Wake board the authority to resume its year-round program, placing students as it wishes in year-round schools.

The court said that Manning did not have jurisdiction in this type of decision-making. To quote from the lengthy and detailed ruling:

“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 … “… if plaintiffs disagree with mandatory assignment to year-round schools, their remedy lies with the electoral process or through communications with the legislative and executive branches of government. ...

“To the extent that the General Assembly wanted to limit or even eliminate ‘year-round’ calendar schools, it has the power to do so. It has not done so, obviously recognizing the importance of giving school boards the necessary flexibility to deal with diverse student populations and the particular challenges faced during a school year by different districts... . To allow the trial court’s order and reasoning to stand would significantly impair the ability of boards and school administrators to tailor school calendars and assignment policies of each district so as to provide each student an opportunity for a sound basic education and to prudently utilize the tax resources which fund that opportunity.”

Two obvious reactions of those concerned with their children being assigned to year-round schools: The decision could be appealed to the state Supreme Court. The loud voices of Wake CARES will continue to try to change the way the board of education is elected.

Both are wrong. The highest court in North Carolina rarely reverses or even hears cases of unanimous opinions by the Court of Appeals, and the idea of selecting the board completely in an at-large election diminishes the idea of equal representation.

The latter would allow more than one person from a defined area to run for the board and allow the activist electorate to cast multiple votes in an effort to “stack” the board with those who reflect their desires.

On the surface you might say, “What’s wrong with that?” Legislatures best serve the electorate when individuals of varying backgrounds are its makeup. Our school board should be diverse as well, residing in various parts of the county, not just in one particular area.

Imagine the concept of at-large elections only for the Cary Town Council, the U.S. House of Representatives or the U.S. Senate. It would put too much power in the hands of the higher populated areas.

The way the school board is currently elected is the right way. Electing the school board at-large is as self-centered as the idea of splitting the county into two or more school districts. Those who dislike year-round schools and who do not like current school board should search for candidates with similar views and ideas to run for the board in other districts.

The political process actually works. I do not always agree with our elected officials, However, I prefer our elected school officials to make the rules than for a trial judge to do so.

I applaud the Court of Appeals for its decision.

Jim Pomeranz, a Cary resident, can be reached at pranz@earthlink.net.
© Copyright 2008, The News & Observer Publishing Company
A subsidiary of The McClatchy Company