Friday, May 9, 2025

A Review of California Code EDC 37220


(Although this post does have some jargon in it, this is not legal advice. Please do not sue the SMUHSD district or do something similarly absurd on the basis of this post.)

Attorney Harvey Silverglate has claimed that on average, the average American commits three felonies a day (paraphrased). Although there is ongoing debate on the validity of this seemingly absurd fact, the ultimate backbone supporting Silverglate’s argument is true – there is an incomprehensible amount of laws, regulations, codes, and more laws that individuals may unwittingly go about breaking in their day to day lives.



Case in point, the SMUHSD district, as it relates to California Code EDC 37220.

Find the full text of the code in the link above but otherwise, paragraph (3) of subdivision (a) clearly states that ‘public schools shall close’ on “The Monday or Friday of the week in which February 12 occurs” as a result of Lincoln Day. Yet, I don’t really see a day off for us students on any day of that week. :(
 


Excerpt from 2024-2025 Aragon High School Bell Schedule

And while yes, President’s Day (the third Monday in February) was a day off for us students, that day (“Washington Day”) was also explicitly identified in paragraph (4) of subdivision (a) of California Code, EDC 37220 as a day when ‘public schools shall close.’ As such, I would argue that since the there are two distinct dates identified (“the third Monday in February” and “the Monday or Friday of the week in which February 12 occurs”) as dates of school closure, the intended effect of this code is for public schools to be closed for two days, not one.

Reading deeper into EDC 37220, subdivision (d) seems to provide a solution to this whole President’s Day/Lincoln Day/Washington Day dilemma; namely, that it is possible that under federal law, “Lincoln Day” falls on President’s Day and thus the school would be able to “maintain classes on the date specified,” in this case the Monday or Friday of the week of February 12. To this argument however, I say that there is no federal law or recognition mandating or even designating the date of “Lincoln Day” – 5 U.S. Code Section 6103, a section which lists out federal holidays lists out President’s/Washington Day but fails to mention Lincoln Day.

The only resolution I can find to this whole dilemma lies in subdivision (e) of EDC 37220. Subdivision (e) essentially gives the SMUHSD board the option to ‘move’ the dates of federal holidays to a different day by adopting a formal resolution of the change. Taking a look at the 2009 version of EDC 37220, it seems like this contradiction was still present. Thus, it is possible and probable that sometime before 2009, the district adopted a resolution to move the date of “Lincoln Day” to be the same day as “Washington Day.” Even with this resolution however, considering that there has been no further notice regarding EDC 37220 even despite it being amended in 2022 (most likely warranting some sort of response – some sort of continued adoption of a previous resolution moving the date of the holiday) and no way for individuals to search for previous SMUHSD resolutions, there seems to be no direct and tangible reason that the SMUHSD schools were not closed on either February 10 or February 14, the corresponding Monday/Friday of the week of Lincoln Day. Another alternative solution is that our many days off in January somehow supplement or replace this day off in February, but that documentation has been yet to be discovered since some of those days are professional development days and these holidays seem to indicate that teachers would have the day off as well.

I would rather have summer come one day early than have a random holiday postponing my release from school, but this was just something interesting I found.

Also, if some seniors were to be taking four periods, 1st-4th, that may mean Aragon may be violating California Code(s) EDC 46141/46142.

Links:EDC 37220, EDC 46141 (scrolling required), EDC 37220 (2009), 2024-2025 AHS Bell Schedule, 5 U.S. Code § 6103

This post was written by Alex Zhao and edited by Darren Lo.

15 comments:

Nicole Thomas said...

Honestly, this just shows how buried we are under layers of bureaucracy, The law says one thing, the district does another, and no one really notices or questions it. It makes you wonder how many other "official" rules are quietly ignored just because keeping track of them all is too inconvenient or too complicated. At some point, it stops being about following the law and starts being about what's easiest to manage, even if that means skipping over technicalities.

Sora Mizutani said...

Although this school schedule is important as I would like another Monday or Friday to get another three-day weekend, it is not directly related to life-threatening situations or anywhere serious to that. However, as Nicole said it is worrying to see these things close to our lives and wonder how many more things are being violated and how our bureaucracy and the Congress are overcomplicating everything that they themselves are not able to precisely execute and regulate these policies. While a school schedule might sound like a lesser important one, if a department is not able to regulate a school schedule then a question regarding what other things they are dysregulated or failing to regulate. This information for me is another factor to the loss of trust towards the government.

Anish Dara said...

This is very interesting, because it’s surprising how the law outlines the required holidays, yet they're ignored with little to no transparency from the district on why we don't have holidays. Your point about the lack of a holiday really highlights how complicated and inconsistent policy enforcement can be within our district and likely many other districts as well. It raises questions about accountability in the district and how much of this flies under the radar simply because no one takes the time to read the fine print.

okaz said...

I think it is important the schools make sure that they follow the rules/laws rather than implementing holidays for their convenience. Students should know what the meanings behind the holidays that allow them to skip school, rather than a random 3day weekend or a day off. Holidays may seem to be off days, but students should understand why they are getting the day off and the significance of that holiday. I think Lincoln is important enough to have his own holiday and schools should implement Lincoln Day on their calendar. With that being said, I'll still take another Monday or Friday 3 day weekend.

MP 5th period said...

At the same time though the question is how much of the "fine print" truly matters? Most holidays are not in direct importance to many---as another comment said it is not related to anything truly life-altering if this holiday is skipped, and if anything it is more convinient not only for the district, but for others too if things are allowed to be bended in such a way.

Sophie Rubinstein said...

This is a thoughtful and well-reasoned take on a small but interesting inconsistency in how holidays are applied in schools. You're right to highlight how complicated laws and local policies can overlap or contradict, and your close reading of EDC 37220 shows good attention to detail. Whether it's an overlooked resolution or a quiet policy decision, it's definitely curious—and it might be worth reaching out to the school board for clarification.

Jasper Caffo said...

I think that like Darren said this is just one example of just how many unimportant and niche laws there are. I think that it brings up an interesting point of which laws are actually implemented and enforced. Obviously I think that in this specific example it is totally okay to break these laws, but again where and when do we decide a law is worth following and enforcing.

Jonathan Wong said...

This is a super interesting law that exists and I'm glad that niche laws like this are being brought to light. Yes, SMUHSD may be breaking a state law like this, but I want to see any details on how many schools actually follow EDC 37220 down to the teeth. I assume it would not be much, considering I have never had off on 2/12, but it would be interesting to see. Yet again, there are many futile laws such as random laws that follow mere tradition per basis of the state, but this is an interesting one. Is Lincoln Day recognized as a federal holiday like Presidents' Day? Weird that the CA legislature is not being heeded, but it's likely impossible to keep track with all the possible laws.

Conor Reidy said...
This comment has been removed by the author.
Conor Reidy said...

This is honestly pretty surprising. I didn’t realize the law actually requires public schools to close for both Lincoln Day and President’s Day as separate holidays. If the district did combine them through a resolution, it would be helpful if that information were publicly available, especially since the law seems to expect some kind of formal notice. I’m not trying to nitpick, but if students are missing a legally mandated day off, it definitely raises questions.

Marcus Finke said...

It's pretty humorous that you two spent the time and effort digging into the massive network of laws surrounding the bureaucracy in the education department to find one specific contradictory and complicated case for what could so easily be resolved. It really does go to show the influence that federal power has on people in even the mundane aspects of life, but that also leaves me wondering, how much discretionary power do school districts actually have? Or is this really just a one-off case kind of thing where schools would rather just not deal with the unnecessary hassle?

Isabel Korer said...

Rules and regulations like this are pretty much pointless, the fine print of these regulations can almost always be contradicted by another rule or regulation's fine print. However, it is interesting to see how schools are allowed to avoid regulations such as Code EDC 37220 and what makes one regulation essential while another regulation is pointless. I also wonder what the Districts' response might be to something like this, probably very minimal however it is still a regulation they would have to address.

Joshua Fu said...

What stood out to me the most is how hard it is for regular people, especially students, to even know if the school is following the law or not. We’re not going to be reading education codes in our free time. If the district did pass a resolution to combine the holidays, shouldn’t that be public info and easy to find? It just feels kind of strange that we’re expected to follow rules, but the people in charge don’t make their own decisions clear. It makes me wonder how often scenarios like this happens without anyone realizing.

Vincent Ragone said...

It seems unfair that the district might be skipping a day off clearly stated in the law, especially without informing students or families. This lack of transparency raises concerns about how often regulations like these are overlooked or ignored without anyone noticing. Students' mental health, rest, and general well-being depend on breaks and vacations, so when schools fail to inform students of changes or enforce the regulations, it can cause confusion and frustration. Families and students should be informed when and why their schedules are changed.

Maya said...

I think it’s a bit shocking and incredibly mind blowing that such schedules were made and approved without more thorough consultation of laws first. However, I find this more a fact to laugh at than something to go to the district about, as I’m sure there are many other laws and codes the district needed to follow that prompted schools to stay open on those days. If the district had to bend to the will of every political holiday, I don’t think schools would ever be in session — it seems that this law has no enforcement and the schools can easily sneak around this sort of regulation. However, I do think that this minute law demonstrates the amount of rather silly rules that are currently in place in our society — ordinary citizens are by no means going to know all (or even most) of these laws, and putting them in place with no regulation does effectively nothing for the welfare of citizens and practically defeats the point of the law. Additionally, piling on laws like this may just serve to confuse citizens and local governments (and may add an additional roadblock for local policymaking).