The future of year-round schools in Wake County is in the hands of the state Supreme Court.

The Justices heard arguments from both sides Tuesday morning on whether the school board has the authority to force students into a year-round calendar without parental permission.

The Supreme Court agreed to hear the case after a request from the parent group WakeCARES. The group's attorney, Robert Hunter, told the seven Justices that reaction to mandatory year-round assignments is a clear sign of what parents want.

"There is under-enrollment in the year-round schools and over-enrollment in the traditional schools. The parents don't want it," Hunter said.

The school board has contended year-round schools help accommodate growth by scattering students' time off throughout the year. School Board Attorney Ann Majestic said the board did what it could under financial restrictions to help ease overcrowding in schools.

"This school board had a rational basis for deciding to convert some schools and open new schools on year-round schedule," Majestic said. "There's not a fundamental right to a school calendar; there's a fundamental right to equal opportunity to a sound basic education."

Hunter insists parents should have the right to choose if their children attend year-round school.

"They're on these tracks that prevent them from attending enrichment programs at camps, the [YMCA], summer camp other camps," Hunter said.

School Board member Patti Head believes the school board should have the authority to assign students to a year-round schedule.

"We still believe we have legal grounds for doing what we've done and that people do have the opportunity to apply for a traditional calendar school in February," Head said.

But WakeCARES member Dawn Graff said the battle comes down to family rights.

"Families are the ones who pay the taxes, who help build the schools and who elect our officials," Graff said.

The back-and-forth court battle started when WakeCARES sued the Wake County School Board in March 2007 to stop mandatory year-round assignments. Two months later Wake County Superior Court Judge Howard Manning ruled the school board must get parental consent to assign students to year-round schools. In May 2008 the State Court of Appeals reversed that decision. But the State Supreme Court blocked that ruling and heard the case Tuesday.

The Supreme Court could take weeks, months or even a year to rule. It has no time limit. Until a decision is reached, the school board will have to provide an option for students to opt out of year-round schools.