The Tort Claims Act gives the Industrial Commission jurisdiction over claims involving school bus maintenance and operation but not claims involving the design of school bus routes. The latter claims may be brought in superior court if the school system ...

Tagged with: Schools & School Boards

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 ...

Tagged with: Schools & School Boards

Riso v. Brunswick County Board of Education (Lawyers Weekly No. 030-001-16, 21 pp.) (Philip Baddour, Deputy Commissioner) I.C. No. TA-21944 Holding: Under the applicable version of G.S. § 8-58.1, since plaintiffs introduced the minor plaintiff’s medical bills at trial and ...

Tagged with: Schools & School Boards

Richmond County Board of Education v. Cowell Sovereign immunity does not bar a school board’s challenge – brought under N.C. Const. art. IX, § 7 – to a 2011 statutory amendment, which requires that $50 be sent to the Department of Public Safety whenever someone is convicted of an improper equipment offense.

Tagged with: Schools & School Boards

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.

Tagged with: Constitutional Labor & Employment Public Employees Schools & School Boards Teacher Tort/Negligence Wrongful Termination

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.

Tagged with: Civil Practice Labor & Employment Public Employees Schools & School Boards Statute of Limitations Teacher Tenure

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.

Tagged with: Civil Practice Labor & Employment Public Employees Schools & School Boards Statute of Limitations Teacher Tenure

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.

Tagged with: Constitutional Public Employees Schools & School Boards sovereign immunity Tort/Negligence

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.

Tagged with: Constitutional Schools & School Boards

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.

Tagged with: IDEA Schools & School Boards