Cole v. Wake County Board of Education

<bold>1. Associations; Schools and Education — standing — nonprofit</bold> <bold>organization — associational basis inapplicable</bold> <block_quote> Wake Cares, Inc., a nonprofit organization, did not have associational standing to bring a declaratory judgment action challenging a county board of education's plan to convert traditional calendar schools to year-round schools and then to assign students to those schools on a mandatory basis because the organization has no members and could not seek relief "on behalf of its members." Furthermore, the organization could not rely on<page_number>Page 2</page_number> the constituency theory of <italic>Hunt v. Washington State</italic> <italic>Apple Adver. Comm'n</italic>, <cross_reference>432 U.S. 333</cross_reference> (1977), to establish standing where it made no attempt to show that it meets the constituency test of that case.</block_quote> <bold>2. Declaratory Judgments; Schools and Education — standing — challenge to</bold> <bold>mandatory year-round schools — parents of students</bold> <block_quote> The individual plaintiffs, parents of public school students, have standing to bring a declaratory judgment action individually and as guardians ad litem of their children challenging a county board of education's plan to assign students to year-round schools on a mandatory basis because the individual plaintiffs were directly affected by the board's action where each of the students was initially assigned to a year-round school, and even though some of the students were ultimately reassigned to traditional calendar schools, they may still be assigned to year-round schools in the future.</block_quote> <bold>3. Declaratory Judgment; Schools and Education — subject matter</bold> <bold>jurisdiction — exhaustion of administrative remedies</bold> <block_quote> The trial court did not err by denying the board of education's motion to dismiss plaintiffs' complaint for a declaratory judgment based on an alleged fa