Judge: Lawmakers can't end tests

Posted February 22, 2011 6:24 p.m. EST
Updated February 23, 2011 10:24 a.m. EST

The Wake County judge known for his advocacy of equal education opportunities threw a roadblock Tuesday into lawmakers plan to cut costs by eliminating end-of-course tests in four subjects.

In a 22-page letter to the GOP leadership in the General Assembly, Wake County Superior Court Judge Howard Manning wrote the change would be "impermissible and would constitute a violation of the children's rights."

A Republican spokesman called Manning's action "literally legislating from the bench." 

Manning wrote the subjects in question – U.S. History, Civics and Economics, Algebra 2 and Physical Science – are part of a basic education as set out in the landmark Leandro court decision that he presided over, and threatened a court showdown if lawmakers pass the plan.