Thomas Jefferson Classical Academy v. Rutherford County Board of Education Under our prior holdings in Delany and Sugar Creek I and II: (1) funds placed into the “local current expense fund” must be considered in computing the amounts due to a charter school; and (2) during the current fiscal year, a local administrative unit may amend its budget to place restricted funds into special funds but may not retroactively amend the budget of a fiscal year that has already ended and the funds expended.
Sugar Creek Charter School, Inc. v. State Our statutes allow charter schools access to local school districts’ current expense funds but not to the local school districts’ capital outlay funds. This arrangement is constitutional; N.C. Const. art. IX, § 2(1) requires the state to establish a uniform system of public schools but does not prohibit the state from setting up additional schools outside the uniform system.
We affirm the trial court’s order dismissing plaintiffs’ request for a declaratory judgment.
Garlock v. Wake County Board of Education. (Lawyers Weekly No. 11-07-0401, 55 pp.) (Donna S. Stroud, J.) Appealed from Wake County Superior Court. (William R. Pittman, J.) N.C. App. Click here for the full text of the opinion. Holding: Since the defendant-school board took reasonable measures to provide for public access to its meeting, the [...]
Rone v. Winston-Salem/Forsyth County Board of Education. (Lawyers Weekly No. 10-07-1051, 22 pp.) (Ann Marie Calabria, J.) Appealed from Forsyth County Superior Court. (Ronald E. Spivey, J.) N.C. App. Click here to read the full text of the opinion. Holding: When petitioners’ grandson was placed in an alternative learning assignment for an entire school year, [...]
Watson-Green v. Wake County Board of Education. A fight between petitioner "Ryan" and fellow student "Bill" had been broken up by school personnel, and Bill was being held by teacher Steven Klein when Ryan swung a fist at Bill's face and accidentally hit Mr. Klein. Ryan was not entitled to a defense based on the respondent-school board's policy that "a student who is attacked may use reasonable force in self-defense, but only to the extent necessary to get free from the attack and notify proper school authorities." We affirm the trial court's decision to uphold Ryan's long-term suspension.
Hardy v. Beaufort County Board of Education. (Lawyers Weekly No. 10-06-0977, 2 pp.) (Per Curiam) (Patricia Timmons-Goodson, Robin E. Hudson & Paul M. Newby, JJ., dissenting) Appealed from Beaufort County Superior Court. (William C. Griffin Jr., J.) On appeal from the N.C. Court of Appeals. N.C. S. Ct. Click here for the full text of [...]
King v. Beaufort County Board of Education. Although there is a state constitutional right to equal education access, the right at issue in this case - an alternative education after disciplinary suspension - is only a statutory right. School administrators must articulate a reason when they exclude a long-term suspended student from alternative education. We reverse the Court of Appeals' decision, which upheld the trial court's judgment in favor of the defendant-school board. On remand, defendants should be afforded the opportunity to explain why they denied plaintiff access to alternative education.
Hardy v. Beaufort County Board of Education. (Lawyers Weekly No. 10-06-0977, 2 pp.) (Per Curiam) (Patricia Timmons-Goodson, Robin E. Hudson & Paul M. Newby, JJ., dissenting) Appealed from Beaufort County Superior Court. (William C. Griffin Jr., J.) On appeal from the N.C. Court of Appeals. N.C. S. Ct. Click here for the full text of [...]
Copper v. Denlinger. (Lawyers Weekly No. 10-06-0097, 14 pp.) (Robin E. Hudson, J.) From the Court of Appeals, appealed from Durham County Superior Court. (Orlando F. Hudson Jr., J.) N.C. S. Ct. Holding: Since there were administrative remedies available to address plaintiff’s long-term suspension from school, he has no direct claim under the state constitution. [...]
Duplin County Board of Education v. Duplin County Board of County Commissioners. (Lawyers Weekly No. 09-07-1044, 14 pp.) (Cheri Beasley, J.) Appealed from Duplin County Superior Court. (Thomas D. Haigwood, J.) N.C. App. Holding: When the school board and the county commissioners disagreed on the school board’s budget, the school board followed the statutory procedures [...]
