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Schools & School Boards — Civil Rights – IDEA – Civil Practice – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies (access required)

Singletary v. Cumberland County Schools (Lawyers Weekly No. 15-02-0282, 20 pp.) (Louise Flanagan, J.) 5:12-cv-00744; E.D.N.C. Holding: Pursuant to the Individuals with Disabilities Education Act, a plaintiff must exhaust her administrative remedies before bringing suit in federal court. Although the ...

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Schools & School Boards-Civil Rights – Sexual Harassment – Labor & Employment – Teacher’s Advocacy – Class Size (access required)

J.W. v. Johnston County Board of Education (Lawyers Weekly No. 14-02-0919, 23 pp.) (James Dever III, Ch. J.) 5:11-cv-00707; E.D.N.C. Holding: As soon as the defendant-principal became aware of an alleged assault by a non-special needs student on the plaintiff-special ...

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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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