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Schools & School Boards – Labor & Employment – Public Employees – School Administrator – Non-Renewal of Contract – Procedure (access required)

Tobe-Williams v. New Hanover County Board of Education (Lawyers Weekly No. 14-07-0578, 33 pp.) (Martha Geer, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Holding: G.S. Chapter 115C doesn’t say how a school ...

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Schools & School Boards – Charter School – Appropriations – Local Current Expense Fund (access required)

Northeast Raleigh Charter Academy, Inc. v. Wake County Board of Education (Lawyers Weekly No. 14-16-0175, 9 pp.) (Douglas McCullough, J.) Appealed from Wake County Superior Court (Abraham Penn Jones & Donald Stephens, JJ.) N.C. App. Unpub. Holding: The plaintiff-charter school ...

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Schools & School Boards – Charter Schools – Local Appropriations – Student Allocations – Unappropriated Balance – Pre-K Students (access required)

Charter Day School, Inc. v. New Hanover County Board of Education (Lawyers Weekly No. 14-07-0146, 21 pp.) (Douglas McCullough, J.) Appealed from New Hanover County Superior Court (W. Douglas Parsons, J.) N.C. App. Holding: When money appropriated to the defendant-school ...

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Schools & School Boards – Virtual Charter Schools — e-Learning Commission — Administrative Law — State Board of Education — Directory Statutes — Intervention (access required)

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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Schools & School Boards – Sovereign Immunity – Insurance – Self-Insured Retention – Tort/Negligence – Motor Vehicle Accident (access required)

Irving v. Charlotte-Mecklenburg Board of Education Since the defendant-school board’s insurance policy requires the school board to self-insure the first $1 million of any claim against it, the policy does not waive the school board’s governmental immunity. The fact that this case involved a motor vehicle accident does not change the result.

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Schools & School Boards – Constitutional – Student Violence (access required)

Mack v. Board of Education Plaintiff was injured when another student attacked her, but she made no showing of any actions by the defendant-school board which affected the nature, extent, and quality of the educational opportunities made available to students in the public school system; thus, plaintiff’s state constitutional claim fails as a matter of law.

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PUBLISHED ORDER – Rehearing Denied in School Access Suit (access required)

Doe v. Virginia Dep’t of State Police The 4th Circuit denies rehearing and rehearing en banc of its April 12 decision holding that a woman convicted in 1993 of carnal knowledge of a minor student under her supervision must first seek permission from the local state court and school board for access to her children’s school, before suing in federal court.

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Schools & School Boards – Labor & Employment – Public Employees – Physical Force – Against a Student – Bomb Threat – Disruptive Behavior (access required)

Diamond v. Charlotte-Mecklenburg County Board of Education Even though the former G.S. § 115C-391(a) permitted the use of force against a student “to maintain order,” when read in the context of the entire statute, it is clear that physical force may be used against a student only in exigent circumstances

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