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The WakeEd blog is devoted to discussing and answering questions about the major issues facing the Wake County school system as it prepares to undergo historic changes. Will the new school board scrap the diversity policy in favor of neighborhood schools? Will year-round schools be converted back to a traditional calendar? How will the new board respond to growth and the school construction program?
WakeEd is maintained by The News & Observer's Wake schools reporter, T. Keung Hui. While Keung posts information and analysis on the issues, keep us posted on your suggestions, questions, tips and what you're doing to cope with the changes in Wake's schools.
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
The school calendar act passed in 2004 and now codified in N.C.G.S. § 115C-84.2(d) was intended to preserve the traditional lengthy summer vacation enjoyed by families across North Carolina. Incredibly, this act, sought by an organization called “Save our Summers North Carolina,” provided the death knell for the traditional summer for many Wake County students because of a passing mention of year-round schools relied upon by the majority in fashioning its argument.
The calendar law had been cited by Wake County Superior Court Judge Howard Manning Jr. to help justify his view that mandatory year-round schools are unconstitutional.
The majority on the state Supreme Court took a different view.
Comments
Come on, Keung -
Mon, 05/04/2009 - 21:27 — louiselee44Must we keep beating a dead horse (and wearing me out as well)?? You know as well as I do that over the past 5 years, the school calendar law has been blamed for everything from Johnny's "D" on his exam to Susie's shortened trip to Daytona beach over spring break.
For the umteenth-millionth time, why don't these people who are speculating as to the whys and wherefores of the law actually check with those who helped craft the wording and who know every itty-bitty detail from day one? I do not have time to keep rehashing all of this.
If I had not picked up the phone in the fall of 2003, setting into motion the events which led to the forming of Save-Our-Summers - NC, the school calendar law would never have even been an issue in 2004. That is an absolute fact, whether people choose to believe it or not. If those judges want to know the intent of the law, why year-round schools were exempt, or any other question, I will be more than happy to provide an answer.
Would I change some things now, in hindsight? Probably - but hindsight is 20/20, and what we did accomplish went against all odds as it was. Also, you don't just go out and say "Here's how I want this law worded so take it or leave it", unless you are asking for failure. There has to be give-and-take. We knew that there would be abuse (many of us even predicted that Wake County would take the first shot) of the year-round exemption wording. We also knew that the law would not have passed without it.
To exempt year-rounds from the uniform opening and closing dates did nothing to change the status of those schools. They were already legal, and already in existence.
Maybe you could have chosen to quote Justice Martin's remarks. He truly "gets it" when it comes to understanding what the law is all about. And, as he points out, the law could be used to defend either side of the year-round issue (although, in my opinion, it presents a poor defense for both).
I'm glad his mind works in a logical fashion. Here's an excerpt I especially liked:
"It is illogical to reason that, in an amendment expressly bounding the school year and thereby preserving the traditional summer break, the legislature meant to allow all local boards to eliminate that break by imposing mandatory year- round calendars. That interpretation, adopted by the majority, permits the exception to swallow the overarching intent of the amendment: to curtail calendar expansion and protect summer vacation."
Thank you very much...
This is what it boils down to...
Mon, 05/04/2009 - 14:25 — MarvinSchwartzregardless of which side of this issue you are on:
The laws of the state of North Carolina, as presently written, allow for this action (assigning to YR schools without consent) to take place.
And in this specific case, Justice Brady's assertion that the calendar law allows for this action to occur is misguided and misinformed. The precedent for year-round schools was already set by the General Assembly; the school calendar law exception simply allows year-round and modified calendar schools to continue operating, since the ability to dictate start and end dates is taken away from local districts by the state.
If you agree with Judge Manning's (and some of the dissenting Supremes') interpretation of the word "uniform", then in essence you are saying that all year-round and modified calendar schools are illegal. But the General Assembly has declared that year-round schools are, in fact, allowed.
It then follows that if YR and modified schools are allowed by statute, and there is no other statutory regulation of YR schools, then school districts can be allowed to assign students to these schools. I'm sure the original legislation to allow YR never envisioned it would be anything other than a voluntary endeavor, but within the letter of the law as written, it is allowed.
Personally, I cannot understand what took the Supreme Court so long to rule and why it was so close. The law is clear and the appelate court and a majority of the Supreme Court found it the same way. Maybe, in retrospect, the anti-MYR crowd should have contested the consitutionality of year-round schools in general.
Love your reasoning
Tue, 05/05/2009 - 05:43 — louiselee44Excellent post - very intellegent insights, Marvin!
Wow...
Tue, 05/05/2009 - 08:59 — MarvinSchwartzLouise and I agree on something!!!
:-)
In all seriousness, it is no secret I am vigorously opposed to the school calendar law. But for the dissenting justices to argue that the law is responsible for this situation is absurd.
Go Sanderson
Mon, 05/04/2009 - 12:39 — user1234RALEIGH -- Patrick J. Short, a student at Sanderson High School in Raleigh, was named today as a 2009 Presidential Scholar, an honor that goes to some of the best and brightest high school seniors in the nation.
Short is one of 141 recipients across the nation and only three in North Carolina. A 29-member commission selected the scholars based on their academic success, artistic excellence, essays, school evaluations and transcripts, as well as evidence of community service, leadership, and demonstrated commitment to high ideals.
The Presidential Scholars will be honored for their accomplishments in Washington D.C., tentatively scheduled from June 20-24. Short selected Ginger Cherry, an English teacher at Sanderson High, as his most inspiring teacher so she’ll be invited to attend the conference with him.
Majority opinion
Mon, 05/04/2009 - 10:18 — Eric_BIt's clear from the majority opinion in the case that the calendar law is used as the justification for year-round calendar schools over and over again. Look at the number of times "115C-84.2" is cited.
Without this tortured reading of the calendar law the majority would have absolutely no legal basis for stating that the law (and by extension the General Assembly) allows year-round calendar schools.
Thales Academy
Mon, 05/04/2009 - 09:31 — mommy59In this economy the average person doesn't have an extra $5,000 to put out every year for private school.Nothing like bragging !
I don't think he meant it
Mon, 05/04/2009 - 14:40 — momof2goodboysI don't think he meant it like that. I think he was just trying to get some info out there for those who can and want to get out. I don't think he was bragging at all. Just my opinion.
Thales Open House Tonight
Mon, 05/04/2009 - 09:14 — kmisegadesTake control over your life and your child's future and reject government schools.
Thales Academy Apex holds its next Open House this evening at 6PM, across from Apex Town Hall. For directions see thalesacademy.org Grades K-6 are offered on a traditional calendar this fall. Guaranteed no reassignments, ever and low $5,000 annual tuition. No guarantee that a seat will be available for your child, though, as the school is filling rapidly.
Kent Misegades
Chairman, Board of Trustees, Thales Academy Apex
Kent, with this group, they
Mon, 05/04/2009 - 10:35 — user1234Kent, with this group, they probably want a study done using independent researchers from say VA before they would believe you.
No, we'd rather have
Mon, 05/04/2009 - 11:26 — g88ky07the WCPSS and the State Supreme Court reassign us there. Then they could cover the tuition!
What the heck does VA have to do with anything?
Virgina typically come up as
Mon, 05/04/2009 - 12:04 — user1234Virgina typically come up as the place people here think how education should be done. Actually, they think any place is better than here where they live.
You see, that's funny
Mon, 05/04/2009 - 12:30 — g88ky07I don't get that at all. Want to compare systems, let's compare to metro Atlanta where they seem to do just fine managing 100,000+ more kids than Wake has WITHOUT FORCED YEAR ROUND and MASS reassignments!
So much so that our idiots had to go down there and "study" how they get it done! Apparently they didn't like what they found because it didn't fit their "diverse utopian agenda" scheme, so that trip was clearly a waste of tax payer's money!
Just like FORCED YEAR ROUND supported by the NC State S. Court!
Since I grew up in Atlanta,
Mon, 05/04/2009 - 12:52 — user1234Since I grew up in Atlanta, I can say that Atlanta is made up of a black core ITB and white ring OTB from white flight. Not a pretty sight. The BOE went to study Gwinnett County which chose to build a few mega schools which avoids all the schools choice / neighborhood concerns since everyone goes to the same school. Still, Gwinnett is someone Wake should keep an eye on.
http://www.gwinnett.k12.ga.us/gcps-mainweb01.nsf/91DB04FBE05F1D718525758C00746937/$file/090331_TBP_finalists_Gwinnett.pdf
Since I was born & raised in ATL
Mon, 05/04/2009 - 13:50 — g88ky07and lived almost 40 years there, it sounds like you obviously haven't been back lately.
What's OTB/ITB? There it's called the "perimeter" so let's go with ITP and OTP. I can tell you that as far south, east and west of ATL proper as you want to go, OTP, is as dark as night. What about Clayton Cnty, been there lately?
If you can afford to live in Marietta and have 750K+ to buy a home and get in the "white flight" schools then yes, those areas may be heavier Caucasian snobs, but if you haven't been back lately, go take a drive, south, east & west and tell me how many you see now OTP!
Gwinnett doesn't bus for diversity and it doesn't reassign, at least in #'s that matter, so "keeping an eye on them" is not something this current bunch of "forcers" needs to worry about. Wake County has no idea how to become a Gwinnett because they're too _amn busy making sure Johnny sits next to a "diverse" bunch 'O kids and now, thanks to 4 judges who will be up for re-election again someday, FORCING YEAR ROUND in people's faces!!
You are right ... it has
Mon, 05/04/2009 - 14:39 — user1234You are right ... it has been a long time ...Where did you go to school? .... I just checked my schools which were 100% white when I was there and they are all 100% black now. Note Gwinnett spends 50% more per student than Wake which may give them some breathing room to address inequities.
Then you would not recognize it
Mon, 05/04/2009 - 14:49 — g88ky07now, it's a whole 'nuther world. Murder, mayhem, assault, rape, pillage and plundering on a daily basis.
Graduated in Clayton Cnty, back when they were accredited and mostly "flight" like.
Diversity is a reality for Wake County JUST by who your neighbors are and those all around us. Why we have to force it and basically "rig" the school system defies common sense. ESPECIALLY when it causes the chaos that this system has created for itself. Needless chaos!
Swallowing up one family at a time in a diverse soup sandwich kind of way. THAT is the wcpss way!