Morgan v. Polk County Board

Morgan v. Polk County Board of Education 328 S.E. 2D 320 (N.C. Ct. App. 1985).

Petitioners, students and parents, challenged a decision by respondents, State Board of Education and Polk County Board of Education, to conduct an experimental extended school day and school term program, increasing the length of the school term beyond 180 days.

Did the State Board of Education and Polk County Board of Education have the right to conduct an experimental extended school day and school term program, which increased the length of the school term beyond 180 days.

Reasoning: N.C.G.S. § 115C-112(11) and 115C-47(8) gave the State Board of Education and the Polk County Board of Education the authority to conduct an experimental extended school day and school term program which varied the length of the school term in Polk County from the 180-day term mandated by N.C.G.S. § 115C-84(c). The General Assembly implicitly granted them authority to do so by appropriating funds for such programs. N.C. Constitution Art. IX, § 2(1), which requires a uniform system of free public schools does not require a uniform 180-day term. Moreover, N.C.G.S. § 115C-84(c)'s requirement of a uniform 180 day school term does not require exact uniformity.

Analysis: Petitioners lacked standing to challenge the extended school day and school term program; because they were not members of a class burdened by the program, and there was no evidence that they were in immediate danger of being prosecuted for failing to send their children to school for the extra 20 days. Because the boards had the statutory right to extend the school term and their action did not violate the North Carolina statute, that action was permissible.

Conclusion: The Court upheld the school board's decision to lengthen the school day and term.

Citation: Johnson v. Board of Education of Trustees, Sch. Dist. #1, 661 P. 2d 1045 (Wyo. 1983).

Background: Appellant students and parents sought review the trial court's decision holding that appellee Board of Trustees was authorized by W.S. § 21-4-301 (1977) to adopt a four-day school week resulting in a 144 calendar day school year, and enjoining the State Superintendent from depriving the school district from loss of entitlements under the school foundation program.

Issues: Did the Board's actions contravene W.S. § 21-4-301 and 21-13-307(a)(ii)? Did the Board have statutory and common law authority to implement alternative scheduling? Did the Board have statutory or common law justification for violation of the Wyoming Education Code? Did the Board's actions violate equal protection?

Reasoning: The Court was not required to investigate the merits of the proposed program, because whether or not the program was legal was not related to its legality. W.S. § 21-4-301 mandates that each school district "shall operate its schools and classes for a minimum of one hundred seventy-five (175) days each school year." W.S. § 21-13-307(a)(ii) directs that school districts operating for 180 days or more are entitled to share in funds from the foundation account.

Analysis: The extended day program would have shortened the school term to less than 175 days, which would have violated W.S. § 21-4-301, and would have made the district ineligible for funding under W.S. § 21-13-207.

Conclusion: The Court reversed and remanded the trial court's decision and held that the district's practice of compressing the school week into four days violated the state law requiring the school year to be 175 days.