Organizations join appeal of ruling prohibiting schools from forcing students to attend year-round school
The decision, issued in May, has been appealed by the school board to the North Carolina Court of Appeals. Civil rights and education groups have filed legal briefs arguing diversity would be weakened and school districts would be hamstrung in educating students if the lower court’s ruling against Wake County's use of mandatory year-round schools stands. After the ruling, a small but significant percentage of parents transferred their children to traditional-calendar schools. School district officials claim the exodus threw the system's enrollment out of whack: Year-round schools have empty seats, traditional-calendar schools are overstuffed, and officials are struggling to keep schools diverse. "This doesn't just affect the quality of education in Wake County, but the integration efforts of local school boards if you impact their ability to assign students," says Ashley Osment, senior attorney for the UNC Center for Civil Rights, whose organization has filed a brief in support of Wake County. Although the appellate court has agreed to expedite the case, school officials acknowledge that any decision unlikely to come in time to make changes for next year, which means the current plight of crowded traditional-calendar schools is here to stay through the next school year. Meanwhile, state education groups are jumping into the fight, warning that this case could affect the future of public education across North Carolina.
The court fight began when the school board converted 22 schools in February to a year-round calendar on the theory that it could better handle an influx of students with more year-round schools. Year-round schools can accommodate more students than traditional-calendar schools because the buildings are in constant use. However, Wake CARES filed suit to prevent the school district from making the year-round calendar mandatory. In the appeal, the N.C. School Boards Association, the N.C. Association of School Administrators and the N.C. Council of School Attorneys all filed legal briefs complaining that the Superior Court’s ruling would tie the hands of school districts. Bill McNeal, former Wake superintendent and now executive director of the N.C. Association of School Administrators, contends the ruling could affect how other districts deal with growth. "There are school districts that are looking at mandatory year-round or are considering it as a way to deal with growth," he says. The Wake County Voters Education Coalition, a Southeast Raleigh group, warns that not being able to require students to attend year-round schools limits the district's ability to balance the number of low-income students.
Dawn Graff, a co-founder of Wake CARES, believes school officials should admit what she sees as the real reason behind the year-round conversion plan. "I'd like the school system to step up to the plate and tell us that the purpose for year-round and reassignment isn't for growth and capacity but for diversity," she says. "While diversity is important, the education of the children should be the focus." Chuck Dulaney, assistant superintendent for growth and planning, points out the court case will have long-term implications on how Wake fills the new schools funded by the $970 million bond issue approved by voters last year. Because he does not expect the Court of Appeals to rule before the school board votes in February on the system's reassignment plan, his office will develop the plan under the assumption that the district can't have mandatory year-round schools. Mr. Dulaney notes his office will again have to send 30,500 letters to families asking whether they want to attend year-round schools in 2008. He also points out it is not certain whether the school district will be able to offer families who opt out the same traditional-calendar schools they got this year.
Raleigh News & Observer By T. Keung Hui
[Editor’s Note: Information on school calendar decisions, and state legislative attempts to dictate them for all school districts, and research on the effect of school scheduling on student achievement is posted at the first two links below. Wake County also recently relaxed its student diversity policy because schools are having a difficult time meeting the plan’s goals. See the third link.]
NSBA School law pages on school calendars
BoardBuzz on school calendars
NSBA School Law pages on Wake County diversity policy