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WAKE CARES INC. v. WAKE COUNTY BD. OF EDUC.

No. COA07-810.

660 S.E.2d 217 (2008)

WAKE CARES, INC., Patrice Lee, individually and as guardian ad litem of her minor children, Ian Lee, Delaney Lee, Margaret Lee and Bailey Lee; Kathleen Brennan, individually and as guardian ad litem of her minor child, Elizabeth Brennan; Scott P. Haviland and Gihan I. El-Habbal, individually and as guardians ad litem of their children, Ahmed Haviland, Ayah Haviland and Iman Haviland; Michael John Stanton and Angela Marie Stanton, individually and as guardians ad litem of their children, Jacob Stanton, Alexis Stanton, Danielle Stanton, Dallas Stanton and Jordan Stanton; and Kimberly Sinnott and John Nadasky, individually and as guardians ad litem of their children, Reid Nadasky, Sean Nadasky, and James Nadasky, on behalf of themselves and others similarly situated, Plaintiffs v. WAKE COUNTY BOARD OF EDUCATION and Lori Milberg, Horace J. Tart, Carol Parker, Rosa Gill, Susan Parry, Pattie Head, Eleanor Goettee, Ron Margiotta, and Beverley Clark, in their official capacity as members of the Wake County Board of Education, Defendants.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Hunter, Higgins, Miles, Elam & Benjamin, P.L.L.C., by Robert N. Hunter, Jr., Greensboro; and William Peaslee, Raleigh, for plaintiffs-appellees.

Tharrington Smith, L.L.P., by Ann L. Majestic and Curtis H. Allen III, Raleigh, for defendants-appellants.

Kelly & Rowe, P.A., by Robert F. Orr, Raleigh, for amicus curiae North Carolina Association of School Administrators.

Roberts & Stevens, P.A., by Christopher Z. Campbell and K. Dean Shatley, II, Asheville, for amicus curiae North Carolina Council of School Attorneys.

Poyner & Spruill, L.L.P., by Edwin M. Speas, Jr.; and Allison Schafer, Raleigh, for amicus curiae North Carolina School Boards Association.

UNC Center for Civil Rights, by Ashley Osment, Chapel Hill, for amici curiae The Wake County Voters Education Coalition, Eugene Weeks, Jennifer A. Bowden, Gerald Wright, Calla Wright, Erica Edwards, Quanta Edwards and Denise Winters.

GEER, Judge.

Defendant Wake County Board of Education ("the Board") appeals from the trial court's order concluding that the Board "lacks the statutory authority to convert traditional calendar schools to mandatory year round schools," but ruling that the Board "is authorized by law to operate, on a voluntary consensual basis, year round calendar schools," so long as it obtains "informed parental consent."1 (Emphasis...

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