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The WakeEd blog is devoted to discussing and answering questions about the major issues facing the Wake County school system. How much will the new Democratic majority on the school board do to undo the changes made by Republicans since 2009? How will the new choice-based assignment system work now that the socioeconomic diversity policy has been eliminated? How will Superintendent Tony Tata lead the state's largest district through more budget cuts and possible layoffs? How will the 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.

Looking for waivers again

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Wake is back with more requests for state class-size waivers.

The school board voted on Tuesday to request waivers for 103 K-3 classrooms in 33 elementary schools. Whether the State Board of Education's reception is warmer this school year remains to be seen.

Last year, the state Board initially approved waivers for 114 classrooms. But later requests were rejected, forcing Wake to hire additional teachers to bring the class sizes down.

Click here for the new list. It includes the steps the district is taking to mitigate the overages.

As you'll notice, 20 of the 33 schools needing waivers are on the year-round calendar.

Chief Area Supt. Danny Barnes told board members that even though growth has slowed it's still coming, causing year-round schools to be over in some classes. He also said efforts to keep siblings on the same track contributed to the overages.

Supt. Del Burns stressed that most of the classrooms needing waivers are only one or two students over the maximum of 24 allowed in a K-3 class.

One of the questions brought up by school board members is why Wake is one of the few districts that requests waivers. Board members hinted that other districts might not be following state law, or at least are interpreting it differently.

Before last year, Wake had been among the districts that had not requested waivers. Burns said it's become apparent to him that, for whatever reason, Wake wasn't reporting the overages to the state before.

"I didn't know it [overages] then," said Burns, who became superintendent in 2006. "But I know it now. I'm following the letter of the law."

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Class Size & Penalty for Non-Compliance

For 3 years, 05-08, Holly Ridge Middle School was not in compliance with state law regarding class size and had NO waiver. I informed DPI. The response from the area superintendent was that it was an oversight (among other false excuses.) I wrote to about 9 people of power, including the governer, the state's attorney, and congressmen. I asked who was responsible for enforcing the law regarding noncompliance and the docking of the superintendent's salary. I received 2 replies, from the Sate BoE and the Lt Governor's office. Both said it was a Wake County issue.
So, if anyone can tell me who enforces that law and how to get it enforced, please do.

Tell them NO!

I hope they tell them NO, flat out, ain't getting any waivers, forget about it, no state funds and NO WAY are we looking the other way any longer!

"efforts to keep siblings on the same track contributed to the overages."

God forbid you make it work AT ALL COST for ALL siblings without whining about it. We sure don't want brothers and sisters to grow up together or families to be able to be a FAMILY do we Del. It's just too _amn hard to make that a priority isn't it Del!
Especially after you and the idiots have absolutely destroyed our education system with your cry for a diverse utopia!

g88ky07

I'm coming to like you g88ky07. Do you live in one of the areas that needs a new school board member this year? Know anyone to nominate?

I overheard today a

I overheard today a potential parent at out MYR school stating about tracks being "guaranteed" for the middle school (slated to go MYR this coming school year with only 8 months notice but that's also beside my point) and was told VERY firmly that NO that is NOT the case and it only carries through kindergarten, the outright SHOCK on the parent's face just made me shake my head, first in disbelief, then pity over the fact that people just do not GET it when it comes to WCPSS and the kool-aid spin....*sheesh*

I know...

There are so many people that have kids now at our school (MYR elementary) that are just assuming A) that they will just automatically get into the application YR middle (Durant) and B) be given the same track they were on in elementary, that sibs are on! 

I think a whole bunch of people are going to be surprised... first because Durant is an application school for a huge number of nodes, so I think a lot of people apply... and second - the whole idea of reassigning our area to W. Millbrook is going to make it interesting when it comes to acceptances... me thinks, anyway.  There is a reason they WANT us at W. Millbrook - and not much will convince me that this little fact won't play in big time to the "lottery" of who is chosen or permitted to go to Durant YR...

not equal

Our neighborhood is assigned to JGE because they need our numbers for diversity.  We figured about 1 in 10 in our neighborhood who applied to Leesville Elem (YR) were accepted.

 In the latest assignment proposal, we are assigned to West Millbrook MS, again for our numbers (we are fighting this).   What are the odds that anyone applying to a magnet middle school or YR will be accepted - I would bet 1 in 10 again.  Our education options in Wake County are certainly not equal opportunity - if you are a 'high income' node assigned to a high FR% school, you are stuck.

You don't have to be 'high income'

just non-F&R. Sorry, but I don't consider everyone who is non-F&R as 'high income'. However, whether the avg household income in the node is $50K or $500K, you get lumped in the same bucket and if your base school needs non-F&R bodies, you are right, you have a one in ten chance of getting into an application school.

right

Right - non LI%  or non FR%...  I agree though - anything that's non-FR is positioned as high income.

MYR

makes it hard to balance the class sizes. I think it happens on ALL tracks, even track 2. Because there is usually only 1 class per grade, it can fill up fast too (my DS has 23 in his class - just at the edge of the limit).

This is exactly what what said before MYR - you only theoretically get 33% increase in capacity. You always have grades with more kids and others with less. There's no way to fully maximize it.

Lets hope they do away with MYR before they start forcing track assignments.

1 Class?

It's difficult when you want to keep kids from the same family on the same track -- it could be that  2nd grade tracks 1 and 2 and 4th grade tracks 3 and 4 are all full, making it impossible to add a family with both a 2nd grader and a 4th grader.  Just one of those things that makes MYR better in theory than in practice.

MYR is not about maximizing usage of the schools.  If it were, Wakefield ES never would have converted -- after conversion, it served *fewer* kids than before the conversion. 

You've got to be kidding me

You've got to be kidding me with this nonsense. First of all, notice it's mostly track 4 and 1 that need waivers. What does that tell you... DROP THE MYR caldendars. I bet if you look at those schools tracks 2 and 3 are way under enrolled. I bet the principals were told to do all they can to get these families on the tracks they want (mainly 1 and 4) to keep them "happy" and "quiet"!

Mitigation of these overcrowding situations are very "Creative".

Bottomline.. the mandatory year round schools are in trouble. Parents may have been on board for a year and then they went DUH! What the heck? Esp when they had a child going to middle or high school that is not on MYR ... then they woke up and smelled the coffee. All of a sudden those happy with tracks 2 or 3 were looking for track transfers.

Or when they found out there really are no camps to put their kids in.

This whole situation just keeps going from bad to worse. So, now, we have MYR schools, with trailers, with oversized classrooms.
We were just lied to folks. LIED TO.
I can't figure how the population is dropping, yet things are getting worse. It's a mystery.

Talk about Groundhog's Day

on 2/19/08 I sent the following to Chairman Lee and the State BoE; (should I just Re-date it and send it again now????!) Mr. Lee and the State BOE, Thank you for holding to account Dr. Del Burns and the WCPSS with regards to informing parents that their children are being taught in classes that exceed the legally maximum size or providing an opportunity to transfer. While one school in particular HRMS has been specified, there are, I'm sure other middle schools that are also in non-compliance with class sizes. As public servants teaching the youth of our nation, not only a legal obligation but a moral obligation to follow the letter of the law and work with the parents of these children should be of utmost importance. The contempt for those requirements is disturbing and those responsible must be held accountable. I applaud your efforts to make this accountability paramount and by following the statutes: Penalty for Noncompliance- If the State Board of Education determines that a local superintendent has willfully failed to comply with the requirements of this section; no State funds shall be allocated to pay the superintendent’s salary for the period of time the superintendent is in noncompliance. G.S. 115C-301(i) 115C‑39. Removal of board members; suspension of duties by State Board. (a) In case the State Board of Education has sufficient evidence that any member of a local board of education is not capable of discharging, or is not discharging, the duties of his office as required by law..the State BoE shall notify the chairman of such board of education, unless such chairman is the offending member, in which case all other members of such board shall be notified. Upon receipt of such notice there shall be a meeting of said board of education for the purpose of investigating the charges, and if the charges are found to be true, such board shall declare the office vacant: Provided, that the offending member shall be given proper notice of the hearing and that record of the findings of the other members shall be recorded in the minutes of such board of education.

Many parents are unaware of class sizes and class size waivers and for WCPSS to use the fact that they "haven't heard from parents so they must be satisfied" as an excuse is contemptible and a grievous abuse of power and knowledge of rules and laws that are not well known to the public.

look closely at the end section;V. PENALTY FOR NON-COMPLIANCE

II. INITIAL REPORTING OF CLASS SIZE
Under the provisions of G.S. 115C-301(f) and G.S. 115C-47(10):
A. Class size and teacher daily load exceptions will be identified and reported via the School Activity Report (SAR). A school's SAR will be transmitted one week following the transmission of the school's Principal's Monthly Report for the second school month.
B. All class size and teacher daily load overages not allowed by a waiver must be corrected by the LEA. Corrections may be made by reorganization of classes, by correcting inaccurate data at the school level, or by requesting a class size waiver under the ABCs program or exceptions waiver from the State Board of Education (see III. and IV. below). Corrected class size and teacher daily load data should be retransmitted. Class size and teacher daily load overages in schools without waivers will be called to the attention of the State Board of Education.
C. The State Board will report all allotment adjustments and waivers permitted to the Office of State Budget and Management and the General Assembly by May 15 of each year.
III. ALLOTMENT ADJUSTMENTS OR WAIVERS
DUE TO EXCESS CLASS SIZE
Under the provisions of G.S. 115C-301(g) and 115C-47(10):
A. The Department of Public Instruction is authorized to review and respond to, on the State Board's behalf, an LEA's request for a waiver of class size requirements for individual classes or an LEA's request for a waiver of teacher daily load requirements.
B. Local boards of education are responsible for assuring the class size and teacher daily load requirements set forth in G.S. 115C-301 are met. Any teacher who believes the requirements of G.S. 115C-301 have not been met shall make a report to the principal and superintendent. The superintendent shall immediately determine whether the requirements have in fact not been met. If the superintendent determines the requirements have not been met, he/she shall make a report to the next local board of education meeting. The local board of education shall take action to meet the requirements of the statute.
If the local board cannot organizationally correct the exception and if any of the conditions set out below are met, it shall immediately apply to the State Board of Education for additional personnel or waiver from the standards set above. The Individual Class Size Waiver form can be located on the Financial and Business Services’ Web page www.ncpublicschools.org/fbs/accounting/forms/ .
Page 35 of 67
Within 45 days of receipt of the request, the State Board, within funds available, may allot additional positions or grant waivers for the excess class size or daily load:
1. If the exception resulted from:
a. Exceptional circumstances, emergencies, or acts of God (such as students transferring to a school during the middle of the school year, impractical combination classes, closing of classrooms due to fire, or other natural disaster);
b. Large changes in student population (caused by large military installation or business personnel transfers);
c. Organizational problems caused by remote geographic location; or
d. Classes organized for a solitary curricular area; (An example would be when only one class of physics is offered and 34 seniors need the class to meet college entrance requirements.) and
2. If the local board cannot organizationally correct the exception.
C. Requests for an allotment adjustment should be in the form of a letter from the local superintendent addressed to the Budget and Allotment Section, and should include:
1. A description of the cause of the exception(s);
2. A description of the current organization of the school(s) containing the exception(s); and
3. A description of the proposed organizational changes using additional teacher positions if an allotment adjustment is granted.
D. Requests for individual class size exception waivers require the completion of a form supplied by the Information Analysis & Reporting Section. The current form can be found at: www.ncpublicschools.org/fbs/accounting/forms/ .
1. Requests for individual class size waivers must be received by the Department of Public Instruction prior to November 30 of the current school year.
2. Waivers, when granted for a specific incidence, may remain in effect for the remainder of the current school year.
E. Upon notification from the State Board that the reported exception does not qualify for an allotment adjustment or a waiver under provisions of G.S. 115C-301, the local board, within 30 days of receipt of the State Board notification, shall take action necessary to correct the exception. A report of the action taken to alleviate the exception shall be sent to the Information Analysis & Reporting Section within 30 days of receipt of State Board notification that the exception did not qualify for an allotment adjustment or waiver.
NOTE: No adjustments in teacher assistant allotments are available for increases in class size.
IV. SCHOOL-BASED MANAGEMENT AND
ACCOUNTABILITY PROGRAM (ABCs)
Under the provisions of the School-Based Management Accountability Program, a LEA may request a waiver of class size and/or teacher daily load maximums when included as part of a school improvement plan. Waivers will apply only to grades 4-12.
A. Whether or not a waiver is granted, LEAs must continue to report all exceptions to the Department of Public Instruction. LEAs will not be required to obtain a waiver under the provisions of G.S. 115C-301 for exceptions already waived under the ABCs.
B. Class size and teacher daily load exceptions will be identified and reported via the SAR.
C. Approved waivers will be in effect for the life of the school improvement plan, unless they are revoked by the State Board of Education.
NOTE: When a class size waiver is granted and used, a class size allotment adjustment is no longer possible.
V. PENALTY FOR NON-COMPLIANCE
If the State Board determines that a local superintendent has willfully failed to comply with the requirements of G.S. 115C-301, no state funds shall be allocated to pay the superintendent's salary for the period of time the superintendent is in noncompliance.

of course he is.....NOW..His pay is directly affected by this!

"I didn't know it [overages] then," said Burns, who became superintendent in 2006. "But I know it now. I'm following the letter of the law."

Force

The cure-all solution is not working. MYR will continue to have overcrowded classes until WCPSS starts forcing track assignments. If the lawsuit is won by WCPSS, that, I believe, is their next step. They have shown no concern for feeder patterns, calendar continuity, or stability in assignment. Why would they worry about placing families on the same track? Mr. Barnes even recognizes that "efforts to keep siblings on the same track contributed to the overages."

Thanks for the post, Mr, Hui.

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About the blogger

T. Keung Hui covers Wake schools.

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