CCS Board of Education bucks state calendar law, picks parental favorite

From our news partner The Shelby Independent - www.shelbyindependent.com

The Cleveland County Schools Board of Education voted in a contested 5-4 ballot Monday evening to approve the Calendar Option A which is a parent and staff favorite, and violates state law.

Cleveland County Schools is just one of 25% of all school districts that have rebelled against a state law prohibiting school to begin before the Monday closest to Aug. 26. This law, enacted in 2004, was for tourism economic reasons, supported by mostly the mountain and coastal communities benefiting from a later school start date.

In return, however, school boards have had to organize calendars that either shorten one semester from the other semester, or carry end of semester testing over, after the Christmas break for students.

Option A, which was the most popular calendar option voted on by parents, did not reflect on the polling that it was an illegal violation; it's possible most parents did not care, only wanting what was best for their children and getting out before the holiday break.

On Tuesday night, at the regularly scheduled public board of education meeting, many board members expressed their very divided reasons why they were voting for their choice of calendar.

Board member Aaron Bridges, possibly the wildcard in the decision, expressed his concern with the vote, one way or the other, stating, "I have gone back and forth; I have stressed, I have lost sleep and consulted with people...." Bridges then went on to give a brief history of his time as a board member, noting he had voted in the past both for and against breaking the state law, doing what he felt was right for his oath and the children of Cleveland County Schools, then proceeded to explain his reasoning for why he was voting for Option A.

"I didn't start this, the previous board lined our calendar up with the community college and the opportunity this has allowed our students to obtain their high school diploma and their associates degree... the benefits of this calendar in the past, we have seen the success of it."

He continued by stating the law is over 20 years old and has nothing to do with Cleveland County, made to benefit the tourism areas of the state, adding, "I am a total rule follower, I believe in the law and I have struggled with this decision tonight," he continued. "I didn't like being put into this position to break the law, but I understand what's at stake if this calendar doesn't pass tonight. I understand we buss numerous students to CCC in order to get this opportunity. If we don't line up with the community college, that's a loss of opportunity for our students."

"I got elected to this school board to follow the law but to also do what is best for our students and our teachers." Bridges noted the other school districts that have done the same thing by ignoring the state law. He also said he was "Dead set not voting on this," but said he couldn't take an opportunity away from students, such as the programs offered to high school students at CCC. Bridges said he was not intending on voting in favor of Option A but now he feels like it was the best choice for students. "Tonight, I stand here to support this calendar [option A]."

Board member Danny Blanton was in favor of Option B, stating it still allowed students to finish the first semester before Christmas. He said they didn't need to be on the schedule with Cleveland Community College to obtain college credit, stating, "Teachers used to come to us; we didn't have to send kids to them." He also stated that he spoke to employees at CCC that they both could shift their schedules to meet somewhere in the middle or have college instructors come to the high schools. "There are a lot of options here," he said.

"No matter what we do here we're wrong," Blanton added. "It's not a win-win situation." Mentioning people are going to be mad regardless of the decision made. Blanton also stated his disdain for charter schools being able to pick their own calendars, "If we should have to follow a rule then they should have to follow a rule." He concluded by saying he was going to abide by the law.

Walter Spurling began by saying he wishes the state senate would change the law. Spurling, who was a teacher at Crest High School and currently an early high school teacher at CCC, said he has talked to students about the calendar choices. He also mentioned how the first semester would have almost 20 less days of instruction with Option B. "They are not going to do as well on their testing as second semester students will do with 20 extra days." He went on to note how some college classes for high school students can adapt to option B or Option C, but other classes will have started roughly two weeks before the high schools would return to class.

Spurling said he agreed with Bridges, noting this has caused him much stress and caused him to lose sleep. "I was in the Army for 26 years; you want to talk about rule following? I followed the rules and I believe in the rules, but in this case, I believe in serving our students, our teachers and our community way more."

Ronnie Grigg talked about oath, that he took an oath to uphold the law, using a metaphor of speeding through town, "I can probably drive 50 mph across town and not get caught. It doesn't mean there's not a law, it means I didn't get caught." Grigg also mentioned that he remembered getting a letter from the state the year before last about breaking the school calendar law. "I can't go with that, no way; that's just breaking the law."

Kenneth Ledford, who has sat on the board for the college, said it was simple. "We're going to break the law." He expressed his concern of being fined or having state funds withheld.

Chairman Joel Shores rebutted Ledford's comments, stating there isn't a law for penalties.

"Please, if we're going to state something then let's state facts."

Ledford apologized about mentioning any fines that could be levied, but insisted funds could be withheld, to which Shores replied, "Please, if you're going to come in here and start saying we're going to fined this or that, bring the law with you."

Ron Humphries added, "There is no mechanism for punishment." He went into the history of a case in 1997 that the state has the constitutional obligation to actively safeguard every child's Leandro Plan right, which allows a flexible schedule to align with community colleges but the state legislature has failed to do so, according to Humphries comments. He stated the calendar passed in 2004, "was an illegal law when it started." The Leandro Plan was passed in 1994. 

"The law of the land is what The Supreme Court says," added Humphries. "Not Phil Berger." He said nobody will be flaunting the calendar decision, but The Supreme Court of North Carolina trumps state law, adding, "Why Phil Berger hasn't got dragged out of the General Assembly in chains for impeding a lawful order of the Supreme Court of North Carolina is beyond me... That's why this blows my mind,... this was unlawful to begin with."

Humphries had a lot to say, but closed his lecture with "I want to be the board member that helps these kids, to give these kids a hill to climb. I want kids graduating from our schools thinking 'there's nothing I can't do.' That's what makes a better society, that's how we make a better economy."

The Shelby Independent did find information from several sources, such as WUNC.org , ncnewsline.com , ednc.org , newsandobserver.com and wral.com where Senate President Pro Tempore (R) Berger had, at least in part, supported a small change to the school calendar law; if not to the point that would be beneficial to Cleveland County, or other school systems.

While Berger had historically resisted changing the school calendar law, which requires schools to start no earlier than the Monday closest to August 26, recently he has supported a slight change to North Carolina's school calendar law, shifting from his past refusal to budge on any changes.

Berger co-sponsored Senate Bill 754, which provides a compromise to allow schools more flexibility by offering an alternative calendar option. This new option would allow a start date on the Monday closest to August 19, under certain conditions: Senate Bill 754, which Berger co-sponsored, provides a compromise with an alternative start date of the Monday closest to August 19, provided the fall and spring semesters have the same number of days and the school year ends by the Friday before Memorial Day. However, possible or impossible this might be, remains to be seen, and therefore it is still difficult for many school systems, with the required amount of teacher workdays, holidays and start and end dates to successfully navigate such compromises.

Blanton requested that the school board's attorney come to the front to answer a 'yes' or 'no' question to whether they were breaking the law.

"I think we all know the answer," Shores replied. "We're going to move on." To which Blanton insisted she give an answer during the public meeting.

Shores said they could ask her if The Supreme Court overrides the General Assembly.

Council Leigha Sink stated she believed her job was to protect the board, to give legal advice on this complex matter, and in open session would not be protecting the board.

Shores spoke last before the vote, saying he has heard from parents, staff, teachers and residents, "Overwhelmingly 96% of you want a semester that ends before Christmas break."

He explained Option B wouldn't be possible, or at least very difficult, because teacher lesson plans would have to be rewritten due to the loss of almost 20 days in the first semester, moving all AP courses into the Spring, increase in class sizes, transportation options decline, increase in IEP meetings to fix service gap times and teacher moral would drop. There would be 80 school days in the first half and 98 days in the second. "How is that fair... How is that fair?" Shores asked rhetorically.

He also said that the law states that parents and personnel are to be consulted in the development of the school calendar, which is what CCS did. "It tells us we have to do it; we've done exactly that," said Shores. "96% of parents want a calendar where the first semester ends before Christmas, and I can tell you almost every single teacher feels the same way."

"In my opinion," noted Shores, "if we don't follow what the parents and staff want, we're breaking the law." He also said that if they were to vote on any other calendar, other than Option A, their students could not be bussed to the first day at CCC and would miss important educational instruction. "Those programs that prepare our students for real careers and real success will be out of reach," referring to trade school careers that Shores said A.I. cannot replace. "That's why Option A isn't just a preference, it's a promise to their futures."

Shores went on to remind the board that they brought seven schools out of low performing and the success needs to continue. "The clear choice respects families, supports our teachers and sets our students up for success." He also mentioned one man in Raleigh is standing in the way of success and when the bill leaves the N.C. legislature prevents it from moving to pass in the Senate. He did not name the individual.

He said the last time one man had so much authority was during COVID when people were forced to wear masks, not allowed to go to church but could still go to Walmart. He said COVID laws should be a learning lesson and a warning. Shores enticed the others that one man can make a law and one man can prevent people from doing what they felt was right, adding, "One person should never have that kind of power over our schools, our children and our communities."

He lauded the partnership with CCC, stating the program has saved millions of dollars and helped students succeed in the real world, "So why on earth would we let anyone try to stop that?" Adding his priority was Cleveland County. "This is about common sense, doing what is right for our kids, and not politicians or special interests."

"It's time to say enough is enough," said Shores. "Let's do what's right, put education first, let's stand together and take back control of our schools, our future and our opportunities."

Shores also stated the case that sports teams and band members return as early as August 1, and there could possibly be football games before school begins for the school year. He then moved to charter schools, taking a stab at their ability to make their own schedules not regulated by state law. He also mentioned there were about 30 plus school boards in North Carolina that refused to follow the calendar law, doing what they felt was best for their own districts.

"If the legislature won't stand up to one man - I will. Join me in this fight," Shores concluded.

The vote for option A was then immediately made, with five board members voting for Option A, which were: Fisher, Spurling, Humphries, Shores and Bridges, and four voting against: Blanton, Grigg, Sherman and Ledford.

For Option A, the first day of school will be Aug. 12, with five teacher workdays before the first day for students. The semester would end on Dec. 18 and the last day of the school year for students is May 26, 2026. A total of 178 student days and 16 teacher workdays and 11 holidays for the school year.

Now that Option A has been voted on and passed, what could possibly be the consequences? While it is definitely the popular choice among parents and teachers, to play fair and cover all sides, there are some issues that may arise, but no guarantee.

A North Carolina resident or business owner can sue a school board for violating the school calendar law, especially if they have standing, as evidenced by recent lawsuits and legislative proposals that could prove their business or livelihood was affected by school beginning earlier than the law states. To sue, a person needs to prove they have a direct and substantial interest in the outcome of the lawsuit. This could be a parent or business owner impacted by the calendar law. The ability to sue depends on whether a person can prove the school board's violation has caused them direct harm, which may vary depending on the specific case. 

One such incident was Carteret County last year. According to WCTI 12 News, The Raleigh News and Observer, WUNC and other news sources, a Superior Court judge ruled that the school board broke the law and invalidated the proposed calendar, ordering the district to change it to comply with state law. The Carteret County Board of Education announced they were disappointed and planned to appeal the judge's decision.

While over half of the CCS Board of Education voted to do what the majority of parents wanted Monday night, and almost half voted against it due to the law, both believing what they did was right, only time will tell. CCS will begin the 2026-27 school year in alignment with the community college and, as elected representatives of the school system, they did what the voters asked them to do. Whether it is right or wrong is a decision each Cleveland County resident must conclude under their own understanding of the issue.