Union County to follow North Carolina law, kills plan for early school year start

The Union County school board backpedaled from its 2023-24 calendar that violated state law with an early start date, opting to ditch it and switch to a calendar that falls in line with N.C. regulations.

Board members voted 6-3 Friday morning in a virtual meeting to go with a calendar that follows state law, but most called it a “heartbreaking” decision. Members pleaded with Gov. Roy Cooper and the state legislatures to change the calendar law.

The rescinded calendar would’ve brought students back Aug. 9 for next school year, but state law mandates public school districts cannot bring students back until later in August.

“This board voted for a calendar that would allow our students and staff to take a clean break at the two-week Christmas break,” board member Gary Sides said about the previous calendar. “But unfortunately, we’ve been dealt a losing hand. This calendar issues is not going to be solved by this board. We’re all frustrated.”

Noting that charter schools are exempt from the law, Sides said, “This is another example of public education getting hosed by the special interests and politicians in this state.”

Sides, who voted against the motion to rescind the early start date calendar along with Sandra Greene and Jimmy Bention, Sr. said, “This is the most regrettable vote this board has had to take.”

Board members approved a new 2023-24 calendar that has a start date of Monday, Aug. 28 and end date of Friday, June 7, 2024.

“It’s truly heartbreaking,” board member Joe Morreale said. “I would encourage everyone who is listening to please reach out to your state representatives and push for flexibility in school calendars.”

The early start calendar drew the ire of people who say intentionally breaking the law sets a poor example for students. It also drew a lawsuit from a pair of residents with children in the school system asking a court to stop UCPS from enforcing a calendar that would begin school Aug. 9.

“We don’t want to be the county that doesn’t uphold the law when we don’t like it,” board member John Kirkpatrick said.

Reaction to Union County’s vote

North Carolina’s calendar law requires most districts to wait until the Monday closest to Aug. 26 to bring students back and end no later than the Friday closest to June 11. Even if a waiver is approved by the state, the start date can’t be earlier than the Monday closest to Aug. 19, according to state law.

“The public shouldn’t be forced to have to file a lawsuit to require public officials to follow the law,” attorney Mitch Armbruster of Raleigh told The Charlotte Observer this week. Armbruster represents Dominique Morrison and Francis Ward, who filed suit Jan. 9 in Union County Superior Court. “(Board members) swear an oath to do so.”

Armbruster on Friday said he was pleased by the board’s decision to make the calendar consistent with NC law.

“I hope that all districts with a calendar that is inconsistent with the law will do the same,” Armbruster said.

The calendar law is meant to protect the state’s tourism industry, and the N.C. Travel Industry Association on Friday thanked the Union County Board of Education in a tweet.

“NCTIA commits to helping school systems get the flexibility needed within the calendar law so our industry can continue to fund #NCed in NC,” the association said.

Dominique Morrison, owner of Honeysuckle Riding Academy in Monroe, is one of the parents who filed suit this month. She told the Observer that her business stood to lose $30,000 in revenue because of an early-start calendar.

“I’m thankful that (the board) decided to follow the law,” Morrison said Friday. “I understand it wasn’t an easy decision.”

If the district wants to change the law, it needs to go about it the “legal way,” Morrison said.

UCPS tried to join other districts

Union County, the sixth-largest district by student population in the state, was the largest to defy state law, and the only one that faces a legal threat because of it.

Three districts near Charlotte started early this school year: Gaston, Cleveland and Rutherford counties. The Cabarrus County School Board this year unanimously approved an early start to the 2023-24 year.

The New Hanover County Schools board is having trouble approving a 2023-24 calendar because the preferred calendar breaks state law, the Port City Daily reported this week. Board members directed its calendar committee to draw up another calendar, according to the report, because they took the lawsuit against UCPS into consideration and are “not keen” on breaking the law.

Parents criticize meeting timing

In Union County, many parents and educators support an early start to the school year, Superintendent Andrew Houlihan told board members when they adopted their first calendar in December.

But other parents have been critical of the way the school board went about getting that calendar approved.

When UCPS sent out a calendar survey to parents last year, an early start date wasn’t included in the options. Nearly 6,300 people took the survey. Parents, including Morrison and Ward, complained they were not told in advance an early start option was being considered.

“Before the lawsuit came along, (board members) didn’t respond to stakeholders inquiries or put out a statement of any kind to explain their actions and answer questions,” said Jodi McConkey, a former UCPS teacher.

The board, without explanation, also canceled the first special meeting to discuss the controversial 2023-24 calendar Tuesday night — more than five minutes after it was supposed to start. They rescheduled it for 7:30 a.m. Friday, a move some parents questioned on the UCPS Facebook page.

“7:30 a.m. is not an appropriate meeting time,” one parent wrote in the comment section. “Parents and teachers are not available to participate in any way.”

Another wrote: “I don’t mind starting school earlier but am against the calendar change because: it was poorly communicated with not enough notice (and it’s) breaking NC law.”