How much slack should Wake get for not meeting federal No Child Left Behind guidelines for letting parents know ahead of time that they can transfer out of failing schools?

As noted in today's article, Wake says it can't tell parents at Title I year-round schools before the school year starts that they can get out under NCLB. They're arguing the mandated 14-day advance notice doesn't work for year-round schools that start July 7 because the test results aren't back yet.

Officially at least, that doesn't cut it for the feds.

It's t-day, or transfer application day.

Letters will go out today to parents letting them know their child's assignment for the 2009-10 school year. You can also begin filing transfer requests today. (The form should be online at some point.)

The letters could come as a rude shock to the nearly 1,200 students who are being sent to a year-round school or modified-calendar school after previously not giving their consent. These are the folks who didn't successfully apply in February for a seat at a traditional-calendar school or magnet school.

In addition to transfer requests from the former opt-out students, Wake could see a spike caused by people reacting to the three-year reassignment plan that was adopted in February.

The consent process that was used for the past two years got bashed repeatedly by school board members and administrators on Tuesday.

As noted in today's article, school leaders blamed the consent process for underutilization of year-round schools, crowding at traditional-calendar schools and damaging efforts to maintain balanced, healthy schools.

Board members blamed the late May timeframe of the consent process for not providing "predictability" for principals. They said it made overly hard for schools to know how many students they'd have when determining how many teachers to hire.

While the formal vote won't be until later this afternoon, it looks like consent forms won't be sent this year.

Several school board members repeatedly stressed at the COW meeting that families could have applied in February if they wanted to attend a traditional-calendar school. Around 95 percent of those 2,676 applicants were placed at a traditional-calendar school or magnet school.

Board members added that those families can still apply for transfers if the year-round calendar won't work for them.

UPDATE

Kevin Hill wasn't at the meeting and Rosa Gill didn't vote because there was no tie.

The next chapter in the year-round school issue will play out this afternoon.

During the committee of the whole/work session meeting that begins at 1 p.m., the staff and school board will discuss the impact of Friday's court ruling and whether there should be a consent process this year.

Don't be surprised if the discussion spills out into the regular session that begins at 3 p.m.

Does the 2004 calendar law actually bear the blame for allowing mandatory year-round schools?

That's the assertion made in a footnote in state Supreme Court Associate Justice Edward Thomas Brady's dissenting opinion on the year-round case.

Footnote: 5

How hard will the school board implement the year-round court ruling and what will it mean for this fall's elections?

Those are among the questions noted in today's article. The state Supreme Court gave Wake the legal authority for mandatory year-round schools but it's up to the school board to see how the power will be exercised.

For instance, will the board go ahead with consent for the 2009-10 school year?

Here's Wake Schools Community Alliance's response to today's court ruling:

Regarding The NC Supreme Court Ruling Against Choice in Wake County Schools

Wake Schools Community Alliance (WSCA) is extremely disappointed in today's North Carolina Supreme Court ruling that Wake County Public Schools System (WCPSS) has the right to assign students to Year Round calendars on a mandatory basis.  In their ruling, the Supreme Court stated "We recognize the emotional nature of this case, but we must emphasize that our duty goes no further than to determine the legal authority for implementing mandatory year-round schools, not the wisdom of such a decision."

Here's the official comment on the school district's web site:

Supreme Count Rules

May 1, 2009 - In a majority ruling, The North Carolina Supreme Court has ruled that school districts have the authority to assign students to year round schools.

WCPSS’s attorneys are currently studying the ruling and its impact; however this ruling means that WCPSS will now be able to fully utilize current and future building capacity.

It is anticipated that WCPSS may now move forward with its first-ever multi-year student assignment plan, as approved by the Board of Education. That three-year plan provides students and families greater stability by eliminating year-to-year assignments.

In November 2006, voters approved a $1 billion Capital Improvement Plan that includes provisions for all new elementary and middle school to open on a year-round calendar.

The state Supreme Court has just ruled for the school district in the year-round lawsuit.

Click here for the opinion.

More to come...

UPDATE

 Click here for the online story.

This sums up the ruling

III. Conclusion
We hold that the Board is statutorily authorized to compel attendance at year-round calendar schools. The Board's action in converting traditional calendar schools to year-round calendar schools comports with its statutory duty to provide a school system adequate to the needs of increasing student enrollment while assuring appropriate class sizes in its schools. See N.C.G.S. § 115C-47(1), (10). Moreover, the more efficient use by year-round calendar schools of existing school facilities complies with the public policy of the state to create a public school system “in the most cost-effective manner” while ensuring a sound basic education for all North Carolina children. Id. § 115C-408(a) (2007).
We recognize the emotional nature of this case, but we must emphasize that our duty goes no further than to determine the legal authority for implementing mandatory year-round schools, not the wisdom of such a decision. This Court cannot substitute its own judgment for that of the Board. See Leandro, 346 N.C. at 357, 488 S.E.2d at 261 (“[T]he administration of the public schools of the state is best left to the legislative and executive branches of government.”); see also Coggins ex rel. Coggins v. Bd. of Educ., 223 N.C. 763, 769, 28 S.E.2d 527, 531 (1944). As noted by the Court of Appeals, “if plaintiffs disagree with mandatory assignment to year-round schools, their remedy lies with the electoral process or through communications with the legislative and executive branches of government.” Wake Cares, __ N.C. App. at __, 660 S.E.2d at 233. We agree, and we affirm the decision of the Court of Appeals.