These NC school districts will defy calendar law. Will they be penalized?
More than a quarter of North Carolina’s school districts plan to defy the school calendar law even as lawmakers could start penalizing them for beginning classes too early in August.
A report approved Thursday by the State Board of Education shows 30 of North Carolina’s 115 school districts plan to start classes in early to mid-August this year without state permission. State lawmakers require the report to be compiled annually.
The state doesn’t currently have an enforcement mechanism for the calendar law. But legislation passed by the state Senate would let schools start a week earlier in August in return for ending by Memorial Day and creating penalties for not following the calendar law.
The House hasn’t taken action yet on Senate Bill 754. But tourism industry officials are hoping it will become law.
“We are hearing from several local school board members who are in favor of the compromise school calendar legislation,” Vince Chelena, executive director of the North Carolina Travel Industry Association, said in an interview Monday. “These school board members don’t want to be seen as someone who breaks the law and the flexibility to start school a week early eliminates their previous objections.”
The bill is not a compromise and is very one-sided in favor of the tourism industry, according to Bruce Mildwurf, director of government relations for the North Carolina School Boards Association.
“Will this benefit students?” Mildwurf said in an interview Monday. “We can do better.”
NC’s school calendar law in place since 2004
The school calendar law was passed in 2004 amid complaints about the summer vacation season being shortened by schools holding classes in early August.
Currently, 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 private schools, charter schools, year-round schools, restart schools, early college high schools and the Rowan-Salisbury school system..
Two-thirds of North Carolina’s public schools will start next school year the week of Aug. 25th. Most of the state’s charter schools will begin classes before Aug. 25.
Eight school districts received waivers from the State Board of Education to start Aug. 18 because they’re in areas that historically miss a lot of days due to snow.
Schools defying the calendar law
But the new report from the state Department of Public Instruction lists 30 school districts as not having state permission to start all or some of their schools before Aug. 25.
Many of those districts are starting Aug. 11 with Harnett County starting Aug. 13. Mooresville Graded School District in Iredell County has the earliest start date listed of Aug. 6.
Some districts have started in early-to-mid August for several years now. But Montgomery County, which is 90 miles southwest of Raleigh, plans to start next school year on Aug. 11 after having started this school year on Aug. 26.
Districts over the years have said the main reason for starting earlier in August is that it will let them finish fall semester final exams before Christmas. Schools have complained that it hurts academic performance for high school students to take their final exams in January after having been on winter break.
The Mooresville, Harnett County and Montgomery County school systems did not immediately respond to phone messages and emails Monday from The News & Observer.
Some districts have cited a 2022 state Supreme Court ruling upholding the Leandro plan, which included more funding for schools and school calendar flexibility. But most school districts have been reluctant to cite Leandro because of concerns the the Supreme Court’s Republican majority will overturn the ruling in an upcoming decision.
Ending before Memorial Day
Senate Bill 754 would give school districts the option of starting the Monday closest to Aug. 19 as long as they end by the Friday before Memorial Day. Schools would also have to have an equal number of days in the fall and spring semester.
But ending classes by Memorial Day weekend could shorten the school year by two to three weeks when they’re only able to start one week earlier, according to Mildwurf of the School Boards Association. He said some school years there could be as few as 164 days of classes compared to the 177 to 180 days many districts try to schedule.
“At a time when we’re trying to provide a better education, it’s hard to say that fewer days in the classroom is going to benefit their education,” Mildwurf said.
Penalties for not following calendar law
The legislation would have the State Board of Education withhold central office funding to school districts that are not following the calendar law. Districts get state funding to help cover their central office costs.
In addition, the legislation says residents or business owners can file a lawsuit accusing a school district of not following the calendar law. If found guilty, a judge can issue an injunction against the school district, award attorney fees and costs, and impose a civil penalty of up to $10,000 on the school board.
In recent years, the Carteret County and Union County school systems dropped plans to defy the calendar law after being sued. In April, the Davidson County school board dropped a plan to start classes Aug. 11 after being sued by a former school board member.
“It’s parents and small businesses 3-0 against school boards who decide to break the law,” Chelena said.’
Will House pass Senate calendar bill?
The House has passed it own bill to give schools complete calendar flexibility, but it’s not expected to be considered by the Senate. State Rep. David Willis, who co-chairs the House K-12 Education Committee, said he expects they will discuss the Senate bill.
“Opportunities like this are rare,” Chelena said. “We certainly don’t want to go back to the way that it’s been.”
Mildwurf said the School Boards Association doesn’t support the bill in its current form.
But Charlotte-Mecklenburg Schools has backed the legislation as being their best chance to get any calendar flexibility.
“While SB 754 does not provide the full calendar flexibility our Board has long sought, it will allow CMS to accomplish our primary goal of completing the first semester before winter break,” CMS said in a letter sent to lawmakers.
Database editor David Raynor contributed.
NC Reality Check is an N&O series holding those in power accountable and shining a light on public issues that affect the Triangle or North Carolina. Have a suggestion for a future story? Email realitycheck@newsobserver.com
This story was originally published June 3, 2025 at 7:00 AM.
