Tourism vs. school days: Coastal NC county faces suit for starting classes in mid-August
Three longtime business owners are trying to block a popular North Carolina tourism area from shortening the summer season by starting school in mid August.
The lawsuit, filed earlier this month in state court, accuses the Carteret County school system of violating North Carolina’s school calendar law by starting classes next school year on Aug. 13. Carteret County includes popular coastal tourism spots such as Atlantic Beach, Emerald Isle and Morehead City.
The lawsuit was filed by the owners of Atlantic Beach Surf Shop, Marsh’s Surf Shop and Sanitary Fish Market & Restaurant. Two of the businesses are owned by parents of students in the school system.
“These businesses rely on the School Calendar Law in planning, staffing and running their businesses,” according to the lawsuit filed April 5 in Carteret County Superior Court. “The loss of revenue that would occur to the Businesses from a shortening of the summer season would be significant.”
The school system says the mid-August start is needed to “promote the best interests of students and students alone.”
“We deeply regret that three businesses and some of their family members have challenged our 2024-25 calendar in court,” according to a statement from Carteret County Superintendent Richard Paylor. “We do know our calendar has significant support among businesses and families in our community.”
Schools vs. the tourism industry
State lawmakers have regulated school calendars for 20 years, since the tourism industry raised concerns about classes starting earlier in August.
The state’s traditional public schools can’t open sooner than the Monday closest to Aug. 26 or close later than the Friday closest to June 11. The calendar law doesn’t apply to other public schools, such as year-round schools, early college high schools and charter schools.
Efforts to modify the law have failed, resulting in at least 16 school districts choosing to not follow the calendar law.
In December, the Carteret County school board unanimously approved a 2024-25 school year calendar that would run from Aug. 13 to May 22.
The district says the schedule will make it easier for high school students to take classes at community colleges because both calendars will be aligned. The district also says it will improve academic achievement by allowing high school students to take fall semester exams before winter break.
“We have full confidence the academic benefits of shifting just nine student days (14 calendar days) for an earlier start in August produce no adverse impact on business and community,” Paylor said in the statement.
Will early start ‘harm’ tourism?
But the three business owners disagree, saying the earlier state date “will cause them and the County harm.”
Carteret County ranked 11th out of the state’s 100 counties in tourism revenue in 2022 at $695 million, according to a state report. Located about 150 miles from Raleigh, Carteret County is flooded with visitors during the summer months.
“Violating the School Calendar Law harms plaintiffs and the citizens and the residents of Carteret County, depressing the very tax revenues needed to help support public education,” according to the lawsuit.
The businesses are represented by Raleigh attorney Mitchell Armbruster. He also had filed a lawsuit against the Union County school system for defying the calendar law.
The Union County school board had approved a calendar to start this school year on Aug. 9. But following the lawsuit, the school board rescinded the early August state date and adopted a new calendar that complies with state law.
Just as in Union County, Armbruster said the Carteret County school board can’t pick and choose which laws to follow.
“The vast majority of districts comply with the law,” Armbruster said in an interview. “They may complain. If the General Assembly changes it, that’s one thing. There’s a minority that are violating the law.”
District will ‘strongly defend’ its calendar
Armbruster is seeking an injunction against the Carteret County school system from using the new calendar. No court date has been set yet.
The school district is going to court acknowledging that it’s not following the calendar law. But the district is citing the State Constitution as its defense.
Paylor, the district superintendent, says the state Constitution requires the state to provide equal educational opportunities for all students. But Paylor says not applying the calendar law to charter schools, early colleges and private schools receiving voucher money “means that students in traditional public schools are not being treated equally.”
“Our traditional public school students deserve the equal opportunities afforded students in non-traditional schools that are funded with tax dollars,” Paylor said in the district’s statement. “The exemptions from the school calendar law for non-traditional schools have so skewed the playing field, the school calendar law has become a vehicle for unequal opportunity for our students, and it must yield in the face of the State constitution. We will strongly defend our 2024-2025 calendar in court.”
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This story was originally published April 11, 2024 at 1:58 PM.
