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Tag Archives: Schools & School Boards

Ann education  (access required)

Ann Majestic arrived at the National Press Club in Washington with little time to spare. “How was lunch?” the Wake County School Board attorney asked the audience. “We weren’t allowed to leave North Carolina until we could bring the weather, so we arrived just in time with lots of weather.” She was there on a snowy Thursday to speak about public school choice and integration – along with New York Times reporter Steven Holmes, American Federation of Teachers president Sandra Feldman and Century Foundation Senior Fellow Richard Kahlenberg, whose new book, All Together Now: Creating Middle Class Schools through Public School Choice, grounded the forum.

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Tort/Negligence – Gross Negligence – Schools & School Boards – Bullying – Academic Standing – Civil Practice – Motion to Amend – Statute of Limitations (access required)

Cockrell v. Lexington County School District One In a proposed amended complaint, plaintiff Justin Cockrell alleges that, although he was originally assigned a qualified “shadow” to assist him with managing his learning disabilities, the defendant-school district assigned him a new, untrained shadow who injured Justin in a physical encounter. These allegations are sufficient to state a claim for gross negligence.

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Schools & School Boards – IDEA – FAPE – Measurable Goals – Progress (access required)

Bridges v. Spartanburg County School District Two Where the student was receiving personalized instruction and services tailored to meet his educational needs, he received passing grades in the general educational curriculum on the diploma tract, and he continually advanced from grade to grade, the student’s individualized education program was reasonably calculated to enable him to receive educational benefits. The school district’s summary judgment motion is granted.

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Constitutional – Veto Override – Two-Thirds Vote – Schools & School Boards — Local Law (access required)

Board of Trustees v. State In order to override the governor’s veto, not only must there be a quorum present in each house of the General Assembly, but there must also be a vote by two-thirds of the members present to override the veto. Since 120 representatives were present in the House of Representatives, a vote of 33 to 10 was insufficient to override the governor’s veto of Act 308 of the S.C. Acts of 2010. Since there was a quorum present in the Senate, a vote of 1 to 0 was insufficient to override the veto. In our original jurisdiction, we enter judgment for the plaintiff-board of trustees.

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Constitutional – Special Law – Schools & School Boards – Charleston – Charter Schools (access required)

Charleston County School District v. Harrell The plaintiff-school district has stated a claim that Act No. 189 of 2005 is an unconstitutional special act, in that it requires the plaintiff-school district to provide certain services to its charter schools, despite the fact that the Charter Schools Act places no such obligation on other school districts. The circuit court correctly dismissed the governor from the suit; otherwise, we reverse.

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Civil Rights – Schools & School Boards – FAPE – Autistic Student – Home Program (access required)

Sumter County School Dist. 17 v. Heffernan A school district failed to provide an autistic student with a free and appropriate public education under the Individuals with Disabilities Education Act, because it did not comply with his Individual Education Plan's direction that he receive at least 15 hours per week of applied behavioral analysis therapy; the 4th Circuit upholds the decision in favor of the student's parents, who withdrew him from public school in order to educate him at home.

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Court says expelled Sumter High students got due process (access required)

Parents who went all way to the state Supreme Court with claims of due process violations by a school district are heading back to circuit court after the justices ruled that their sons had gotten the necessary due process. Joseph and Cynthia Stinney challenged Sumter School District 17 when a high school expelled their two sons in 2003. They claimed the district violated their sons' due process rights but they never took their appeal of the expulsions as far as circuit court. Two years later, they sued the district in tort, including due process claims among their causes of action.

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