North Carolina State Board of Education v. North Carolina Learns, Inc. The N.C. State Board of Education’s (SBOE) decision to not consider virtual charter school applications for the 2012-13 school year did not constitute an illegal moratorium and did not constitute a shift in policy to ban virtual charter school applications permanently. The SBOE based its decision on deference to the e-Learning Commission, which was then studying the issue of virtual charter schools and developing standards for the SBOE to use in their review and assessment of applications. The applicable statutes governing SBOE’s responsibilities regarding responding to and acting upon applications are directory rather than mandatory.
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