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.
Comments
Two favors
Fri, 05/01/2009 - 21:10 — NCParentg88, referring to the WCPSS as "Nazis" is offensive. Are you really equating the conversion of traditional schools to the extermination of millions? A little perspective, please. Don't get me wrong, I think the Court decision BLOWS. Also, everyone, I am a Democrat and I support Wake Cares and the people who work hard to stop the school district from reassigning, MYR, etc. I don't appreciate some of you painting this as some kind of conservatives vs. liberals thing. It makes me feel I would not be welcome at your meetings. I plan to vote in people who will work to stop the nonsense we've had to put up with in this county, regardless of party affiliation. I know that I will be joined by other Democrats, but if y'all keep trying to run people out of the fight talking about liberals and so on, they will probably oblige.
No I wasn't
Sat, 05/02/2009 - 07:45 — g88ky07poor choice of word in my moments of gastrointestinalrage!
Repeat: why not something new?
Fri, 05/01/2009 - 23:15 — SDR256Yeah, its been kind of emotional. But for you I will gladly repeat, NCParent, that WSCA has 10% very conservative, 10% very liberal (who really are afraid to speak out but donate their time, treasure and talent) and then the 80% solid middle who all agree that this is a BUNCH OF NONESENSE. This is what WCPSS is quite nervous about - there is this vast, varient, diverse and - until now disconnected - bunch of folks who agree - our children should not be polticized (and we are non-partisan), education should be academically based, and Wake County should prove academic achievement for ALL Wake County children.
So, if you want to DO something and not just spout, do one or more of the following:
1. come to our next meeting and tell us what you think we should do - we are a parent led group. Our goal is to LISTEN and have candidates who listen. TELL us what you think.
2. donate
3. register with us to commit your time and talent.
Look forward to working with you!
Year-round private schools?
Fri, 05/01/2009 - 17:30 — Eric_BJust wondering... If year-round is so great for families and helps students academically, where are all the year-round private schools and families clamoring to attend them? Are there any in Wake County? I wonder how many there are nationwide?
Hmm....
Fri, 05/01/2009 - 22:49 — supportwcpssFrom this page it sounds like there are actually a number of school systems.
http://www.educationbug.org/a/year-round-school-statistics.html
Year Round Magnet???
Sat, 05/02/2009 - 11:06 — MomknowsbestHow about year round magnet schools? WCPSS would be killing 2 birds with one stone then.
In all fairness....
Sat, 05/02/2009 - 07:18 — Bob_SconceThere are also a number of systems that had year-round schools and then abandoned them.
http://www.auburn.edu/~enebasa/html/othersay.pp.html
Sure, that's coming from an advocacy group, but it does list some actual facts.
Deviation
Sat, 05/02/2009 - 08:44 — supportwcpssMy post was in response to the 'private'schools reference made by Eric. Not a blanket statement about YR with 'facts' from 'Save our Summers'.
Thank you
Sat, 05/02/2009 - 10:49 — Eric_BThank you for the info, supportwcpss. I honestly didn't know there were some private schools around Wake County and elsewhere operating on year-round schedules. That said, single track year-round is different than multitrack.
With single track, it's easier to balance classroom sizes because you don't have to force families to switch tracks to accommodate a move and kids are all off at the same time so they get to have time off with their friends. Single track also provides for the ability to offer remediation classes during the year.
Endeavor charter school is
Fri, 05/01/2009 - 19:50 — AngelaWEndeavor charter school is also overflowing with waiting lists, they too are only one track, however ( Track 4)...
Endeavor May Be Switching To Traditional
Fri, 05/01/2009 - 23:46 — Lisa_BHey Angela:
You are correct---they are Track 4, but several families I know who currently attend Endeavor have mentioned that there is a possibility that they may operate traditional in the near future. Operating on the Track 4 calendar does not help the families who have children in traditional high schools, and there are no cost savings to operating the school 12 months a year.
Thales Academy of Wake Forest does
Fri, 05/01/2009 - 19:46 — Voice_of_Reason_But it's single track. And I believe only $5K/yr. Kent go ahead and make your pitch.
Whoopee
Fri, 05/01/2009 - 17:15 — Falc(sarcasm totally on) Whoopee, our traditional school won't be overcrowded anymore and my property value just went up! As our school has been assessed to be one of the last to qualify for year-round conversion, parents who want to live in Wake County and have a traditional school will be fighting over the houses in our area. Because everyone only cares about their property value and themselves, I must be thrilled about this decision (sarcasm off).
Seriously, I am so sorry for all the families directly negatively impacted by this decision and am certainly not happy about its broader implications.
"Power is the type of thing most people don't think about, until it's taken away."
"The problem with power is that people pay attention to it, and it's very easy to get beside yourself and use it in the wrong way."
WSCA
Fri, 05/01/2009 - 13:19 — SideburnsWSCA's goal is to elect 4 school board members on October 6th, 2009. WSCA will endorse and support candidates who believe in voluntary year-round, not mandatory. While the parents of Wake County may have lost this battle, we still can win the war.
Our success in October is determined by our commitment now.
Please join us at our next meeting. It simply doesn't have to be this way.
See www.wakesca.org for details.
Test Score Distribution Can Continue
Fri, 05/01/2009 - 13:09 — CarolineinApexNow that they have won and have the power they've been seeking for 2 years, I hope WCPSS has learned that they have created immense animosity in this community and will try to take a more family-friendly approach to school assignment. However, I think we all know it will come down to how test scores will be distributed. I expect that, and not F&R, to be the driving force behind future school assignments, as it always has been.
I think an investigation is warranted
Fri, 05/01/2009 - 13:11 — g88ky07to see how much influence Patti Head's husband might have had with this!
ROFLMAO!!!!!!!!!!!
Fri, 05/01/2009 - 13:17 — AngelaWinvestigation? seriously? I think you know by now where the media loyalty lies (in more than one meaning of that word!!)
a joke, but no one is laughing, from top to bottom in this county and in this State.....more subversive corruption than from where I am originally from......this ole boy network mentality has a stronger hold than we'll ever know, understand or be able to break.....really....
actions speak louder
Fri, 05/01/2009 - 14:03 — loriacBased on Wake Growth Mgmt actions, one might almost think they knew how this would turn out.
Some of the dissenting opinions are scathing... on to October.
OT - Cary Education Forum info
Fri, 05/01/2009 - 12:57 — CaryMomof4RESERVE YOUR SPACE TODAY FOR CARY ’S EDUCATION FORUM – CLIMATE FOR STUDENT SUCCESS
Sign up today for one of the 250 seats available at the “Climate for Student Success” forum on Monday, May 11, 2009, at the Cary Town Council Chambers, 316 N. Academy St., from 8 a.m. until 1 p.m. Register on-line at http://www.townofcary.net/cssf/cssf.php . Don’t miss your opportunity to join area government officials, business leaders and educators for an interactive discussion of how municipalities can support student success in Wake County . Elaine McEwan -- the best-selling author of 10 Traits of Highly Effective Schools -- will provide the keynote address. Seats are first come, first serve. For more information, e-mail Climateforstudentsuccess@townofcary.org or call (919) 469-4011.
Really? Come on. What is
Fri, 05/01/2009 - 13:11 — rr77rr99Really? Come on. What is this "dicussion" going to really do?
Free party
Sat, 05/02/2009 - 00:43 — SDR256at Cary taxpayer expense! They'll feed ya!
Will WCPSS be there with
Sun, 05/03/2009 - 20:48 — rr77rr99Will WCPSS be there with pitchers of Kool Aide?
stupidity reigns SUPREME in
Fri, 05/01/2009 - 12:53 — AngelaWstupidity reigns SUPREME in Wake county
From one of the dissenting opinions
Fri, 05/01/2009 - 12:43 — Eric_BThe majority’s construction of N.C.G.S. § 115C-1, which mandates “[t]here shall be operated in every local school administrative unit a uniform school term of nine months,” is strained. To interpret that statute to mean anything other than a consecutive nine month calendar is farcical. Yet, the majority allows local school boards the authority to stretch these nine months of instruction over twelve months and then strips parents of the right to choose whether their child should be subjected to this schedule in contravention of our Constitution and the intent of the General Assembly.
The absence of reason presented by this construction is easily demonstrated through hypothetical situations involving interpretations of the word “term.” Members of this Court serve an eight year term. N.C. Const. art. IV, § 16. Certainly no one would interpret that provision to mean that a member of the Court may sporadically spread his or her eight year term over the course of his or her lifetime as long as the sum total of service is only eight years. Were this a matter of an employment contract in which an employee was contractually obligated to work a nine month term, this Court certainly would not interpret that contract to allow the employee to work for three months and then
take a one month vacation before resuming work without being in breach of contract. However, when the question involves placing more control of traditional family matters in the hands of government officials, such a construction suddenly becomes plausible. In effect, the majority has assumed the role of the General Assembly and rewritten the statute to say whatever it wants. I refuse to join in this blatant violation of the separation of powers.
The Legislature has to act to change it
Fri, 05/01/2009 - 13:33 — Voice_of_Reason_The State Legislature can change it now if they feel WCPSS is violating the spirit of the law they enacted and close the new loophole. If they don't, then the ruling stands forever. But we can elect BoE members that can change manditory to voluntary. None of this is written in stone.
Elections Matter ! Know what/who you are voting for, and that includes primary elections.
Government Control Of Family Matters Is WRONG
Fri, 05/01/2009 - 13:10 — Lisa_BHey Eric:
Thanks for pulling that out.
"...more control of traditional family matters in the hands of government officials.." ---that should NOT be allowed to happen. Don't we live in the USA??
That's truly disgusting. I am so ready to have a more responsive and family friendly board in place. Subjecting families and staff members to hardships "JUST BECAUSE WE CAN" is SO beyond my comprehension. I'd like to HOPE that our School Board and Growth Management will stop hiding behind "the lawsuit" and make some REAL IMPORTANT decisions NOW---NOT next year. But PAST PERFORMANCE INDICATES FUTURE PERFORMANCE, so chances are, they'll take this newly given "power" to continue with their failed MYR experiment until the new board is in place.
We know the current board will pursue MYR at all costs, with NO CONSIDERATION to how they are hurting families. NOW that we can prove they're wasting tax dollars unnecessarily too, let's see what the NEXT EXCUSE is.
This is local, enough anger to go around
Fri, 05/01/2009 - 13:41 — Voice_of_Reason_What has happened on the federal level is much scarier. The government just gave control of Chrysler to the UAW union (AKA workers), the financiers got 20 cents for every dollar invessted if that doesn't sound wrong, I don't know what is. I'll never buy a Chrysler vehicle again, and I don't know about GM either. [I have always bought American on principle, I guess my money goes to Ford].
VOTE when you can, while you can.
I hope the bail-out budget includes
Fri, 05/01/2009 - 12:35 — Dadof3Vasoline for Wake county moms and dads...
More seriously, this is very apropos in this context, from Mark Levin's "Liiberty and Tyranny"
For us the county (albeit elected!) has decided what's best for ALL Wake Co families and is doing so through available means: the school system. It's no coincidence that we're derided as being selfish.
Hail to Mark
Fri, 05/01/2009 - 13:10 — CarolineinApexGreat book!
if anything, this will mean
Fri, 05/01/2009 - 12:29 — AngelaWif anything, this will mean MORE MYR schools, just wait....
You are exactly right!
Fri, 05/01/2009 - 13:01 — g88ky07All middle schools and the rest of the ES will join the ranks of the undesired by next year I predict!
There is absolutely no hope of any schools being unconverted no matter HOW empty they are. and no matter how loud we scream.
I'll stick around long enough to vote Horace Tart out of his comy chair and then Johnston Co. here we come!
Please
Fri, 05/01/2009 - 17:01 — supportwcpssDon't let the door hit you on the way out. Good riddance.
Want to borrow a chisel?
Fri, 05/01/2009 - 19:50 — g88ky07So you can chisel that BS Poo Pie off the end of your long freakin' boe sniffin' nose?
Powell County, KY
Fri, 05/01/2009 - 16:41 — al_in_garnerWe're headed for Powell County, KY.
Three elementary schools, one middle school, one high school. What they don't teach 'em in school, we'll cover at home or in church on Sunday.
To WakeCARES: thank you for the good fight.
To the right minded (and you know who you are): carry on and good luck.
To Del, Chuck and the WCBoE: SLMF's.
Please
Fri, 05/01/2009 - 17:02 — supportwcpssDon't let the door hit you on the way out. Good riddance.
Thanks for keepin' it
Sat, 05/02/2009 - 16:09 — ApexRes98Thanks for keepin' it classy. Wouldn't expect anything less.
Good For You
Fri, 05/01/2009 - 16:43 — Lisa_BGood Luck AL in POWELL!
were I actually able to sell
Fri, 05/01/2009 - 13:07 — AngelaWwere I actually able to sell my house now and obtain a new mortgage, I'd be following right after.....Patti Head's last day cannot come SOON enough.....
UNCONVERTING the MYR schools
Fri, 05/01/2009 - 12:26 — jenmanUNCONVERTING the MYR schools to save money and provide more traditional seats to meet the traditional demand should be #1 on the agenda, shouldn't it??
--------------------------------------------------------------------------
Well, considering that they don't have to worry about meeting traditional demand, I doubt they'll look at unconverting any yr schools.
I am truly sad about this decision, but you're right. They can't blame the court case anymore for their mismanagement.
This Could Be Interesting
Fri, 05/01/2009 - 12:11 — Lisa_BHey Bob:
I hadn't read through the details yet---4-3 doesn't sound like a "slam dunk", does it? Oh well, it's still a win.
THANK YOU WAKE CARES for all you did for the families in Wake County. The "good guys" don't always win, but you went above and beyond for ALL FAMILIES in Wake County and we all owe you a huge THANK YOU!!!
SO, the ball is TRULY in WCPSS' court now, isn't it?
NO MORE blaming the court case for their insane decisions.
NO MORE blaming the court case for everything they can't justify.
I think we have all seen that they'll force their agenda REGARDLESS of what the courts say they can do.
SO, considering the horrible economy, low growth, overcrowded traditional schools and under capacity YR schools, let's see some REAL decision making with NO EXCUSES.
UNCONVERTING the MYR schools to save money and provide more traditional seats to meet the traditional demand should be #1 on the agenda, shouldn't it??
"4-3 doesn't sound like a
Fri, 05/01/2009 - 15:28 — chaboard"4-3 doesn't sound like a "slam dunk", does it?"
No. But wasn't it 3-0 on the appeals court? If so that makes - counting Manning's original ruling - seven judges siding with Wake Co and four against. That's a fairly solid majority.
It Is What It Is--A Win Is A Win
Fri, 05/01/2009 - 16:40 — Lisa_BHey chaboard:
No matter how you look at it, WCPSS has won the "majority" of the court cases (2 out of 3). I COMPLETELY understand the politics involved, and also the insanity of the way decisions are made in "WCPSS WORLD", but "it is what it is", so there is no reason to make excuses.
HOWEVER, now that the School Board cannot use "the court ruling" as their excuse to justify EVERYTHING that doesn't go their way, I am interested in seeing just how they respond in the future.
The ball is truly in their court. Since they can't hide behind the ruling anymore, will they now take the time to make REAL decisions based on honest facts and CURRENT INFORMATION, or will they just continue with "business as usual" and take this opportunity to cram kids into undesirable school situations when there are viable alternatives???
When someone KNOWS the facts, and KNOWS how people feel, but CONTINUES to pursue destructive and divisive policies that only wreak havoc on families and communities, it's definitely time to bring in new decision makers.
listen, Merry Sunshine :)
Fri, 05/01/2009 - 16:46 — AngelaWeven YOU the mistress of Optimism cannot believe that THIS current BoE will even ATTEMPT to "do the right thing" now? They've been skirting the law every which way BEFORE the ruling, now they have carte blanche to forge on.
Guaranteed it won't be "too late" or "too 11th hour" to force thousands of families back to MYR bases....absolutely guaranteed......if I had $10 bucks to my name, I'd make a bet with you, but hey you know I'm broke!
But oh how we need Merry
Fri, 05/01/2009 - 18:23 — Big_PictureBut oh how we need Merry Sunshine to keep us out of the insane asylum. The BoE owes Lisa at least 1 MYR reversal for the way she has respectfully conducted herself even after they heave doo doo at her.
ROFL
Fri, 05/01/2009 - 18:29 — AngelaWthe BoE "owes"??? seriously? c'mon now, they have respect for NO ONE certainly not Lisa, though polite, who has been a thorn in their side fighting MYR from the start....they are laughing up their sleeves over this outcome, trust me on this one.
You are correct Angela. They
Sat, 05/02/2009 - 13:34 — Big_PictureYou are correct Angela. They only *owe* each of us 180 days of instruction. Lisa B has remained honest and respectful with a group of clowns who do not comprehend honesty or respect. For all she has done on behalf of Leesville families and staff I would love to see a Leesville *win* as a personal reward for her efforts. I believe you would love to see the same.
would I love to see it??
Sat, 05/02/2009 - 14:07 — AngelaWwould I love to see it?? I'd pay money to see it.
Do I believe I *will* see it? wouldn't take THAT bet, not for a million bucks.
...
Fri, 05/01/2009 - 16:52 — SideburnsI'll lend you a tenner for that bet. :>)
Unconverting...
Fri, 05/01/2009 - 13:50 — Bob_SconceThere are a bunch of people who are happy with the year-round schools, or who at least have gotten acclimated to them. I don't think automatically converting them back necessarily makes the most sense.
MYR is tied up in the student assignment mess that WCPSS has created. I suggest that the two of them need to be unraveled together.
For one thing, I would divide the district up into significantly smaller areas, with each area having year-round and traditional options, and the traditional option should be a nearby school. Part of the pain from the current practice (at least the practice until just before the SC ruling) is that the traditional calendar options are often miles and miles away. For example, Wakefield ES's is in Rolesville, even though there's a traditional-calendar ES school under a mile away.
Most importantly, the district needs to do a much better job of addressing the needs of families. One of the things I like about the newly-announced competition for Horace Tart is that she actually calls families "customers." A customer-oriented WCPSS school board would have made vastly different decisions over the last 25 years.
Where do your optimism,
Fri, 05/01/2009 - 13:07 — Big_PictureWhere do your optimism, energy and perseverence come from Lisa?
In the real world discontinuing MYR would come first now. It actually never would have happened.