Diversity in schools at risk, groups say

Year-round plan draws supporters

RALEIGH -- Diversity would be weakened and school districts would be hamstrung in educating students if a judge's ruling against Wake County's use of mandatory year-round schools stands, civil rights and education groups warned in court documents.

Several groups have filed legal briefs backing the Wake school system's appeal of a court ruling that prohibits schools from forcing a student to attend a year-round school. After the ruling, a small but significant percentage of parents transferred their children to traditional-calendar schools. Wake officials say the exodus threw the system's enrollment out of whack: Year-round schools have empty seats, traditional-calendar schools are overstuffed, and officials are struggling to keep schools diverse.

"This doesn't just affect the quality of education in Wake County, but the integration efforts of local school boards if you impact their ability to assign students," said Ashley Osment, senior attorney for the UNC Center for Civil Rights, which filed a brief for a Southeast Raleigh group.

The N.C. Court of Appeals has agreed to move quickly. But school officials acknowledge that any decision likely won't come in time to make changes for next year, which means the current plight of crowded traditional-calendar schools is here to stay through the next school year.

Meanwhile, state education groups are jumping into the fight, warning that this case could affect the future of public education across North Carolina.

Wake CARES, the group that sued over Wake's plan, has not yet made its case to the appellate court. No groups have filed briefs supporting Wake CARES.

The court fight began when the school board converted 22 schools in February to a year-round calendar on the theory that it could better handle an influx of students with more year-round schools. Year-round schools can accommodate more students than traditional-calendar schools because the buildings are in constant use.

In May, Wake Superior Court Judge Howard Manning Jr. sided with Wake CARES.

Opting out

After the ruling, parents of about 3,000 students opted out of year-round schools.

In the appeal, the N.C. School Boards Association, the N.C. Association of School Administrators and the N.C. Council of School Attorneys all filed legal briefs complaining that Manning's ruling would tie the hands of school districts.

Bill McNeal, former Wake superintendent and now executive director of the N.C. Association of School Administrators, said the ruling could affect how other districts deal with growth.

"There are school districts that are looking at mandatory year-round or are considering it as a way to deal with growth," McNeal said.

The Wake County Voters Education Coalition, a Southeast Raleigh group, warned that not being able to require students to attend year-round schools limits the district's ability to balance the number of low-income students.

Dawn Graff, a co-founder of Wake CARES, said school officials should admit what she sees as the real reason behind the year-round conversion plan.

"I'd like the school system to step up to the plate and tell us that the purpose for year-round and reassignment isn't for growth and capacity but for diversity," Graff said. "While diversity is important, the education of the children should be the focus."

Chuck Dulaney, assistant superintendent for growth and planning, said the court case will have long-term implications on how Wake fills the new schools funded by the $970 million bond issue approved by voters last year.

But Dulaney said he's not expecting the Court of Appeals to rule before the school board votes in February on the system's reassignment plan -- a blueprint of which students will attend which school. He said his office will develop the plan under the assumption that the district can't have mandatory year-round schools.

Dulaney said his office will again have to send 30,500 letters to families asking whether they want to attend year-round schools in 2008. He said it's not certain whether Wake will be able to offer families who opt out the same traditional-calendar schools they got this year.

"There are a lot of unanswered questions remaining," he said.

Dulaney said district officials expect to hold public meetings in late October or early November to get comments on what to include in the initial reassignment plan that will be released in December.

Based on the problems Wake has had getting students into year-round schools, Graff said, the three new schools opening in 2008 should be opened on a traditional calendar.

"If there's as much of a growth problem as they say, they shouldn't open them as year-round," she said.