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 ...Read More »
Schools And School Boards
Schools & School Boards – Charter Schools – Local Appropriations – Student Allocations – Unappropriated Balance – Pre-K Students
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 ...Read More »
Schools & School Boards – Virtual Charter Schools — e-Learning Commission — Administrative Law — State Board of Education — Directory Statutes — Intervention
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
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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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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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
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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Criminal Practice – Sex Offender Registration – Petition for Termination – Subject Matter Jurisdiction – County of Conviction
In re Dunn Where defendant was ordered to register as a sex offender as a result of his November 1994 conviction in Montgomery County for attempted second-degree sex offense, G.S. § 14-208.12A required him to file his petition to terminate his sex offender registration in Montgomery County.Read More »
Union Academy v. Union County Public SchoolsThe trial court’s decision conflicts with this court’s subsequent opinion in Thomas Jefferson Classical Academy v. Rutherford County Board of Education, 715 S.E.2d 625 (2011), disc. review denied, 724 S.E.2d 531 (2012).
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Schools & School Boards – Budget Amendment – Local Current Expense Fund – Charter Schools – Restricted Funds – Year-End Transfer
Learning Center/Ogden School, Inc. v. Cherokee County Board of Education Even though the defendant-school board waited until near the end of its fiscal year to transfer restricted funds out of its local current expense fund and into a special fund, and even if the restricted funds had already been spent, the transfer allowed the school board to reduce the amount it was required to transfer to the plaintiff-charter school.Read More »