R​.​A. HallJohnston County, NC, United States
Nov 17, 2024

Email to Johnston County Public Schools board of education. 

Dear Members of the Johnston County School Board,
I am writing as a concerned community member and advocate for the students and families of Johnston County to express my unwavering support for the modified calendar adopted for the 2025-26 and 2026-27 school years. I urge you to stand firm in this decision, as it is both legally sound and educationally essential, despite any concerns raised about potential litigation.  In other counties, businesses have attempted to sue school boards over calendar decisions, but these efforts have not amounted to any penalties. Johnston County faces a similar risk, particularly given the connections of certain board members to local businesses with vested interests in government or school board matters.

Michelle Antoine - Johnston County Board of Education Representative who represents several commercial construction businesses tied to her or her husband, has previously shown interest in local government contracts, as revealed through emails obtained via FOIA requests. However, her personal history of failed attempts to influence or act against government officials and the school board underscores her lack of credibility or effectiveness. Similarly, Ronald Johnson, whose employer, Blue Line Aviation, has a history of clashing with local government and the school board, has also seen his personal efforts to bring lawsuits or charges end in complete failure.

Both Antoine and Johnson have repeatedly demonstrated their inability to achieve anything beyond creating division and wasting resources. Their track records of failure serve as proof that any future attempts to oppose the board’s decision, either directly or through businesses they are affiliated with, are likely to follow the same path. The board must not allow the baseless, self-serving antics of individuals with personal agendas to derail what is clearly a legal and educationally necessary calendar. Instead, it is time to stand firm and focus on the best interests of Johnston County students and families, unshaken by the predictable tantrums of those who have consistently failed to act in the community’s best interest.

Below, I outline the legal justification for the modified calendar and the critical reasons why reversing course would compromise our students’ educational opportunities and perpetuate inequities.

Legal Basis for the Modified Calendar
Compliance with G.S. 115C-84.2(d): The modified calendar aligns with the statutory definition of a "modified calendar," which includes nine weeks of instruction followed by a two-week break. The calendar adopted by Johnston County reflects this model, making it legally defensible as a good-faith implementation of the law.
While the statute mentions schools operating on a modified calendar in 2003-04, the law does not explicitly prohibit other schools or districts from adopting a modified structure. This omission gives Johnston County flexibility to act within the law’s framework to meet the unique needs of its students.

Instructional Hour Requirements Met and Exceeded:
North Carolina law requires a minimum of 1,025 instructional hours per year. The adopted calendar exceeds this threshold with 1,124.5 hours in 2025-26 and 1,157 hours in 2026-27. This demonstrates the district’s commitment to providing not only a legal calendar but also one that prioritizes academic rigor.

Alignment with the Leandro Plan:
The North Carolina Supreme Court, in its rulings on the Leandro case, affirmed the constitutional obligation to provide a sound, basic education. The Leandro Comprehensive Remedial Plan explicitly calls for calendar flexibility to ensure K-12 schools align with post-secondary schedules and address systemic educational inequities.

By adopting the modified calendar, Johnston County fulfills this mandate by:

Allowing students to complete exams before winter break, improving retention and academic performance.

Supporting dual-enrollment opportunities with community colleges by aligning instructional schedules.

Combating summer learning loss, which disproportionately affects students from historically marginalized communities.

This calendar demonstrates proactive compliance with the Supreme Court’s orders, further reinforcing its legality and necessity.

No Enforceable Penalty Mechanism:
The calendar law lacks a state enforcement mechanism. No state agency, including the Department of Public Instruction, has the authority to invalidate or penalize districts for adopting alternative calendars. Legal challenges to the calendar law have relied on private lawsuits, often brought by businesses prioritizing profits over education.
Even in cases like Carteret County and Union County, the resolutions required minor adjustments to calendars without imposing penalties. Johnston County’s calendar is defensible under state law and poses minimal legal risk to the district.

The Risk of Reversal
Reversing the modified calendar decision under the pretense of potential lawsuits would signal that the board prioritizes perceived risks over student outcomes. 

This would harm Educational Equity and Outcomes:
Students would face unbalanced semesters, with critical exams possibly delayed until after winter break, causing unnecessary stress and diminished retention.
Dual-enrollment opportunities with local colleges would be compromised, limiting college readiness.

Undermine the Board’s Authority:
The board’s ability to act in the best interests of students would be weakened by capitulating to external pressures, including from private businesses.

Miss an Opportunity to Lead:
Johnston County has an opportunity to be at the forefront of the statewide movement for calendar flexibility, joining other districts that have a different interpretation of inequitable laws. Leadership here can set a precedent for systemic change.

Call to Action
I respectfully urge the board to:
Defend the legality of the modified calendar: The decision is fully compliant with state instructional hour requirements, aligns with statutory definitions, and supports constitutional mandates under the Leandro Plan.
Prioritize student needs over external interests: The tourism industry and its advocates have no standing to dictate educational policy that directly impacts our students’ success.

Stand firm against intimidation tactics: Threats of lawsuits should not deter the board from exercising its duty to provide the best possible education for Johnston County’s students.

In closing, I urge the Johnston County School Board to stand resolute in the face of baseless threats and manufactured opposition. The modified calendar is unequivocally legal, exceeding all state requirements, aligning with the statutory definition of a modified calendar, and fulfilling the constitutional mandate under the Leandro Plan to prioritize a sound, basic education for our students. The efforts of certain individuals to derail this progress both through failed personal agendas and connections to vested business interests are transparent attempts to serve themselves, not the students or families of Johnston County.

This is not a decision that should be swayed by the noise of those who have repeatedly failed to gain traction in lawsuits or challenges against this board or local government. Instead, it is a moment for the board to uphold its responsibility to the people it was elected to serve. Do not let the petty, self-serving theatrics of a few undermine the future of thousands of children who depend on this board to put their education first.

The law is on your side, the community supports progress, and history will remember whether you stood firm in defense of what is legal, right, and just, or whether you caved to those who seek to undermine your mission for their own gain.
The evidence is clear, the need is undeniable, and the time to act boldly is now. I urge you to defend this calendar for the benefit of our students and the future of Johnston County.

I encourage the board to seek formal legal advice, if necessary, but the current decision is sound and in alignment with both the letter and spirit of the law. 

Changing course now would harm students, weaken public trust, make you look weak and uninformed but more importantly being a set back on progress for much needed educational reforms.

Thank you for your dedication to our students and your thoughtful consideration of this matter. Please know that you have the full support of many in our community who believe in the board’s ability to act boldly and legally in the best interests of our children.

A petition I started has received nearly 500 signatures in a little less than 24 hours.
https://chng.it/NkmKbpsyhg

Copied on the email is Keung Hui of The News & Observer.

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