ELBERTA – Nearly 1,000 elementary, middle and high school students attend schools that are not within the school district where their home resides. 

Students who would typically attend Foley Middle since they live within the Foley school zone can go to Elberta Middle, for example, under a long-standing county board of education policy called a zone variance.    

Baldwin County Board of Education Policy 911 states that parents can apply for a zone variance, meaning that a student can attend say Elberta, even if they reside within the Foley district. 

There are, however, factors to consider when granting a zone variance. 

The policy states that “the board (of education), however, gives the superintendent discretionary authority to grant variances to pupils who present evidence of extreme hardship.”

Extreme hardship is the catch phrase lately and hardship does not include “dissatisfaction with personnel in the school zone” where the student resides or “dissatisfaction with curriculum offerings, which are non-academic or extracurricular.”

But, the exact criteria for “extreme hardship” is not stated in the policy.

It’s the “principal’s call” whether to grant a variance or not, according to Terry Wilhite, communications director for the county school system. 

But, the number of zone variances in the system, about 1,000 students attending schools outside their district, has created a perilous situation for county school officials who are dealing with an influx of student population. 

Wilhite said that “tremendous population growth” has strained the county’s schools, and the zone variance policy needs review since it must account for school capacity and building needs. 

Portable classrooms are a “very serious concern,” he said, and principals need to decide whether they can “take a dozen more kids out of zone” and whether this act will “exacerbate” overcrowding. 

But, the problem appears to be that questionable zone variances were granted over the years which may have not been exactly cases of extreme hardship. 

At the May 21 school board worksession in Gulf Shores, Assistant Superintendent Jenay

Dawson noted that the policy has become somewhat lax over the years and the distinction of extreme hardship has blurred. 

And she warned: “If you continue to admit new zone variances, we will remain in the same discussion again.  We’ll be right back where we started.”

Board of Education President Robert Callahan Jr. said he is concerned with individual cases being a matter of convenience rather than hardship, including circumstances where parents and students prefer one school over another. 

District 1 Board member Frank J. Trione said that some schools may be enforcing the hardship policy more so than others. 

Dawson stated that she is aware of some cases of hardship being more along the lines of convenience. 

“There are convenience zone variances that need to be take care of,” said school board Vice President Tracy Roberts.  “We have hundreds and hundreds of convenience zones that need to be stopped.”

Dawson said that there are legitimate cases of extreme hardship, adding that “we are a compassionate organization and we have to hear these parents.”

Superintendent Faron L. Hollinger said that the principals need to follow a consistent approach when granting zone variances. 

In the end, Wilhite said the board directed the principals to not accept new zone variances and to strictly enforce Policy 911 in order to eliminate cases of convenience. 

He said the board will certainly recognize cases of extreme hardship; however, school officials will “take a much closer look to see if (a variance) is convenience or hardship.”