Year-Round Schools Debate Goes Before Appeals Court

Raleigh — The fight to keep year-round schools voluntary returned to court Wednesday with attorneys for the Wake County school board and a parents group presenting arguments before the Court of Appeals.

The appeals court's decision could affect more than 130,000 students and their families.

Last May, Superior Court Judge Howard Manning forced the Wake County Board of Education to get parental permission before assigning students to year-round schools.

Wake County Board of Education Attorney Ann Majestic argued that nowhere in state law do statutes limit a school board's authority to assign students to year-round schools and nowhere do they require districts to make them voluntary.

"In this case, we have a decision that ignores clear statutory language and invents language that is not there," Majestic said. "There is no evidence in the statutes of a requirement of informed parental consent before a student can be assigned to a year-round school."

Attorney Robert Hunter, who represents the plaintiff, WakeCARES, argued parents are entitled to a uniform educational experience that is nine consecutive months.

Majestic pointed out that law only specifies dates when school boards can set school calendars and that a school year must be nine months in length. Year-round schools, she argued, operate on a nine-weeks-on-three-weeks-off schedule and are consistent. Traditional calendar schools actually run about 11 months, she said.

WakeCARES contends that forcing students to switch schedules would be unfair and would disrupt family life. Members have said they are hoping the three-member appeals court panel will agree with Manning's decision to keep year-round voluntary.

“I have faith in the process,” group member Kathleen Brennan. “I feel like Judge Manning made a good, strong ruling.”

Wake school leaders say most of the district's 49 year-round schools are now under-enrolled because of that ruling. Twenty-nine had 40 or more students opt out. Five of those schools had more than 100 students leave.

School officials say year-round schools are necessary to help the system manage its booming student population, because they accommodate about 25 percent more students. While three-quarters of students are in class, one quarter is always on break.

The school board says that's important in a place growing as fast as Wake County.

“Year-round gives us the capacity we need. The statute gives us the authority to assign, and we do give parents options,” said school board Chair Rosa Gill.

WakeCARE members and supporters of year-round schools were at Wednesday's hearing, including the Coalition of Concerned Citizens for African-American Children. It maintains the board will have "a much more difficult time integrating schools if their right to assign students is diminished."