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Tag Archives: Schools & School Boards

Civil Practice – Public Records & Open Meetings Laws – Schools & School Boards – Closed Session – Minutes & General Account (access required)

Times News Publishing Co. v. Alamance-Burlington Board of Education (Lawyers Weekly No. 011-075-17, 9 pp.) (Chris Dillon, J.) Appealed from Alamance County Superior Court (Michael O’Foghludha, J.) N.C. App. Holding: During its closed session, the defendant-school board kept minutes that ...

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Tort/Negligence – Schools & School Boards – Abuse of Special Needs Student – Labor & Employment – Public Employees – Teacher – Wrongful Termination – Constitutional (access required)

J.W. v. Johnston County Board of Education Since no N.C. appellate court has recognized a fiduciary duty between a middle school student and his principal, superintendent or school board, this court will not so expand N.C. law.

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Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute (access required)

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

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Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute (access required)

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

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Tort/Negligence – Constitutional – Schools & School Boards – Public Employees – Sovereign Immunity – Negligent Hiring – Sexual Abuse of a Student (access required)

Doe v. Charlotte-Mecklenburg Board of Education Where constitutional claims rest solely on negligence allegations, a school board can rightly claim sovereign immunity. North Carolina public school students do not have a constitutional right to recover damages from local boards of education for injuries sustained as the result of a negligent failure to remain aware of and supervise the conduct of public school employees.

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Schools & School Boards – Constitutional – Sound Basic Education – At Risk Children – Pre-K (access required)

Hoke County Board of Education v. State Where the state chose a pre-kindergarten program, “More at Four” (MAF) to address the problems recognized in Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997) (Leandro I), and Hoke County Board of Education v. State, 358 N.C. 605, 599 S.E.2d 365 (2004) (Leandro II), the trial court had the authority to bar the General Assembly’s attempt to arbitrarily limit the number of at-risk children who could participate in MAF.

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Schools & School Boards – IDEA – FAPE – Autistic Student – Shadow Aide (access required)

B.W. v. Durham Public Schools Despite the respondent-school system’s declaration that it would not consider staffing issues in developing the petitioner-student’s individualized education plan (IEP), staffing issues were fully discussed at the IEP meeting. The school system decided against a full-time one-on-one aide for the time being while leaving open the possibility of more one-on-one time if the student’s progress was not good.

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