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RALEIGH (AP) — The fight over who should have the most say when public schools open and close returned to the Legislature Tuesday, five years after lawmakers ordered classes to start later in the summer.

The House Education Committee approved legislation permitting school districts to start classes as early as the second Monday in August, arguing that letting local boards of education decide what is in the best interests of students.

"They must make decisions that best suit their locality, that best suit their school system," said Rep. Bob England, D-Rutherford, one of the bill's chief sponsors. "I think the calendar year as it now is established makes that very difficult."

The current law requires schools in all 115 districts to begin no sooner than Aug. 25 and end by June 10 — with exceptions for year-round schools and eight districts this year with a history of bad weather. The bill would take effect this fall, although it likely wouldn't be implemented until the 2010-11 school year.

The Legislature put in the current limits in 2004 after an effort by the tourism industry and parents, who complained districts starting school in late July and early August eroded traditional summer vacations and the coastal economy.

A later school opening date means more vacation rentals and young people and teachers on break available to work summer jobs, supporters of the current law said.

"The public wanted the calendar system like it now is," said GOP Rep. Bonner Stiller, a former teacher from coastal Brunswick County. "I'm not elected here to speak for the school board."

Almost as soon as the final bill cleared the General Assembly at 3 a.m. on the final day of the 2004 session, education lobbying groups have sought to weaken the law or eliminate it. A 2007 effort to grant more waivers passed the House but went nowhere in the Senate, which is led by Sen. Marc Basnight, a Democrat from coastal Dare County.

"Every session, typically these same groups rise up against and try to change this law," said Louise Lee with Save Our Summers-North Carolina, a parent group that pushed successfully for the 2004 law. Group members sent 100 e-mails to committee members the past two days urging their opposition, she added: "We have had to remain diligent."

Education groups pushing for more local control in the calendar, however, have a new ally in the 60,000-member North Carolina Association of Educators, the state's chief teacher lobbying group.

The association supported the 2004 law after polling its members and because the measure included a provision that reduced the number of required teacher workdays without a dip in salaries.

It was neutral on the proposed 2007 changes. This year, the association is squarely for change and said the 2004 calendar law isn't working, particularly at the beginning of the year, NCAE president Sheri Strickland said.

"We felt like that returning that level of flexibility to the local school districts would allow them better to meet the needs of their students and communities," Strickland said in an interview. "We need to do what's best for the kids."

Strickland and others said the earlier opening — districts could start as early as Aug. 8 — would reduce conflicts with community colleges, which also start fall classes in mid-August and where high school students take college-level courses.

The Aug. 25 opening also makes it impossible for high schools to finish first semester exams by Christmas break, said Leanne Winner, a lobbyist for the North Carolina School Boards Association. That means students don't take important end-of-course tests following a two-week vacation and diminishes their chances of scoring well, bill supporters said.

Lee said education groups have yet to prove an earlier starting date leads to improved student performance.

The bill, approved on a voice vote, now heads to the House commerce committee, where more business-oriented lawmakers may be more sympathetic to the 2004 law. Lawmakers seemed prepared Tuesday for another heated discussion.

"This is not a new issue," said Rep. Marilyn Avila, R-Wake, an education committee member. "The last time around it was very loud and very vocal," particularly from parents, she added.