Last December attorneys for both the school system and parents battled over the issue in the state Supreme Court.
Robert Hunter, Jr. an attorney for WakeCARES says students are being deprived of their right.
Ann Majestic of the Wake County Board of Education disagrees. "It's not a fundamental right to a school calendar."
School leaders say they don't need permission from parents to reassign students, but parent group WakeCARES claims it does.
The school district argues that overcrowding and budget issues are reasons the county needs to assign students to the year-round calendar.
If the district loses the lawsuit, the school board will need to revise the second and third years of a multi-year reassignment plan that was approved last month.
Wake County schools are waiting to send out permission slips based on that ruling which now isn't likely until next month.