School Law Bulletin Series
Bulletin Number | Title | Author | Date | Description | Download |
---|---|---|---|---|---|
2010/02 | When "Practicable" and "Feasible" May Mean "Mandatory": The Rights of Limited English Proficient Parents | Wade S. Kolb III | 2010 |
This bulletin surveys the key federal and North Carolina laws that affect the rights of Limited English Proficiency parents. |
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1999/14 | The Uncertain Constitutionality of Prayers that Open School Board Meetings | Chad Ford | 1999 |
IS IT A VIOLATION of the United States Constitution for a North Carolina school board to open its meetings with a prayer? |
Download (1005.84 KB) |
2000/03 | The School Board Chair: “Meeting” Expectations | Susan Leigh Flinspach, Jason Bradley Kay | 2000 |
The article comprises three main sections. The first section presents a statistical picture of school board chairpersons in North Carolina from the 1999 survey data. |
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1998/06 | The North Carolina State Board of Education: Its Constitutional Authority and Rule-Making Procedures | 1998 |
The State Board of Education (hereinafter the State Board or the board) is the only state agency that derives its powers directly from the North Carolina Constitution. |
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2001/01 | The Emerging Law of Race and Student Assignment Plans | John Charles Boger, Elizabeth Jean Bower | 2001 |
The article then reviews the basics of another body of law on the Equal Protection Clause that has emerged in response to the debate over affirmative action in government contracting, public employ |
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2003/02 | The Effective Use of School Resource Officers: The Constitutionality of School Searches and Interrogations | Christopher Z. Campbell | 2003 |
During the past several years, school resource officers (SROs) have been welcomed to many public school campuses. |
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2005/10 | The Education Lottery | 2005 |
In mid-August of 2005 the Senate and House of Repre- sentatives, working into the wee hours of the morning, reached agreement on the state budget—an event generally indicative of impending adjournm |
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2006/03 | The Changing Landscape of Single-Sex Education | John D. Hurst | 2006 |
Single-sex education is receiving renewed attention around the country. |
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2003/05 | The Ability of Local Governing Boards to Discipline Their Members | Suzanne Blum Alford | 2003 |
Local governing boards (city councils, county boards of commissioners, and local boards of education) occasionally have to cope with a troublesome member. |
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1999/09 | Subpoenas and School Records: A School Employee’s Guide | John Rubin | 1999 |
Public schools, like most public entities, accumulate a lot of personal information about the people they serve and employ. |
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2005/03 | Students as Research Subjects: The Privacy Rights of Students and Their Families | Robyn Rone | 2005 |
From time to time, third parties contact local education agencies (LEAs) seeking to conduct research using students or their education records. |
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2002/04 | Student Threats and the First Amendment | Anne Dunton Lam | 2002 |
This paper explores the current state of the law with respect to students’ rights to free speech in the wake of school violence. |
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2000/04 | Student Suicides and School System Liability | Cindy Singer Cafaro | 2000 |
Following is a detailed discussion of both of the relevant theories of liability, negligence, and due pro- cess, and the reception of each in various jurisdictions in cases involving student suicid |
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2002/01 | Student Display of Confederate Symbols in Public School | Suzanne Blum Alford | 2002 |
Whether it is being removed from atop the South Carolina capitol or remaining a part of the state flag by the vote of Mississippi residents, the Confederate flag continues to be a controversial sym |
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2012/02 | Sticks, Stones, and Cyberspace: On Cyberbullying and the Limits of Student Speech | Matthew M. Pagett | 2012 |
It is important to understand what cyberbullying is, the circumstances under which it occurs, what laws—if any—exist on the subject, and how courts have traditionally dealt with student speech, bot |
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1999/03 | Statutory Changes Related to Higher Education | Robert P. Joyce | 1999 |
THE GENERAL ASSEMBLY IN 1998 enacted no sweeping changes in statutes affecting the sixteen constituent institutions that make up The University of North Carolina (UNC) or the state’s community coll |
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2006/02 | State and Local Government Relations in Elementary and Secondary Education | Laurie L. Mesibov | 2006 |
Education, one of government’s most important responsibilities, is both the foundation for a viable democratic society and a service the state is obligated to foster and protect. |
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2001/12 | Special Provisions for Computerized Criminal History Checks | Robert P. Joyce | 2001 |
MOST EMPLOYERS do not have the power to request criminal history checks on applicants and employees from the computerized records of the Federal Bureau of Investigation (FBI) and the State Bureau o |
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2006/10 | Selling the Name on the Schoolhouse Gate: The First Amendment and the Sale of Public School Naming Rights | Joseph Blocher | 2006 |
In the past five years, the sale of naming rights to public school events and facilities has grown from fodder for humor columnists into a nationwide, multimillion-dollar enterprise. |
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2001/08 | School Personnel Records Law | Robert P. Joyce | 2001 |
North Carolina’s public records law applies fully to the state’s public school systems. |
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2003/03 | School Law Bulletin Index, Vols. 1 - 34, 1970 - 2003 | 2003 |
School Law Bulletin Cumulative index for Vols. 1-34, 1970-2003. |
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1998/02 | School Funding Disputes: Mediate, Don't Litigate | John B. Stephens, Matthew J. Michel | 1998 |
This article looks at mediating school budget disputes. |
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1998/03 | School Funding Disputes: Development of the Law | C. Thomas Powell | 1998 |
This article looks at the development of school budget dispute laws overtime. |
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2004/05 | School Cyberlaw Part III: Cybersystems: School Operations and Other General Issues | David R. Hostetler | 2004 |
In theory, the technology that now automates many adminis- trative tasks allows schools to operate more efficiently and, as a result, improve students’ education. |
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2004/01 | School Cyberlaw Part II: Cybersafety: Child Protection, Privacy, and Confidentiality | David R. Hostetler | 2004 |
One of the curses that accompany the blessings technology brings to our public schools is students’ vulnerability to misguided, self-serving, and sometimes predatory users of computer technology. |
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2003/12 | School Cyberlaw Part I: Cyberspeech: First Amendment and Defamation | David R. Hostetler | 2003 |
That technology confronts us with great opportunities and equally great challenges is just as true in public education as it is in other fields.While electronic technology rapidly pervades public s |
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2005/06 | School Budget Mediation: Three Cases from 2004 | Stephanie Coplin, John B. Stephens | 2005 |
In 2004 three boards of county commissioners and their respective boards of education went to mediation to address disputes over the county’s funding of public schools. |
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2005/01 | School Board Hiring: Legal Considerations | Robert P. Joyce | 2005 |
North Carolina boards of education, in their capacity as employers, have great latitude in deciding how to recruit employees and fill vacancies. |
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2009/01 | School Board Control of Curricular Speech | Laurie L. Mesibov, Natalie Russell Dunham | 2009 |
Public school teachers in North Carolina have no First Amendment protection for their curricular speech. |
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2004/10 | Religious Exemptions to North Carolina’s Childhood Immunization Requirements: What Constitutes a Bona Fide Religious Belief? | Anne L. Knight | 2004 |
In all fifty states and the District of Columbia, school-aged children must be immunized against certain diseases as a condition of admission to public or private school Forty- eight states, howeve |
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2001/03 | Releasing Student Information: What’s Public and What’s Not | Thomasin Hughes | 2001 |
This article summarizes the law regulating the re- lease of student information. |
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2006/05 | Rehiring “Retired” TSERS Employees Deal or No Deal? | Brian D. Barger | 2006 |
In August 2005, the North Carolina General Assembly enacted several changes to statutes governing the require- ments and limits on individuals covered under the North Carolina Teachers’ and State E |
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2012/01 | Quondaries of Employee e-File Searches: City of Ontario v. Quon and Its Progeny | David R. Hostetler | 2012 |
This bulletin reviews the Quon decision, considers subsequent cases interpreting and applying Quon, and offers concluding thoughts and recommendations to school employers regardin |
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1999/02 | Public Schools and Vehicles Forfeited for Drunk Driving | James C. Drennan | 1999 |
THE BASIC OPERATION of the 1997 driving while im- paired (DWI) amendments on forfeiture of motor ve- hicles in DWI cases was fairly clear.1 A vehicle was subject to forfeiture if it was driven by a |
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1999/16 | Property Interests and Due Process in Public University and Community College Student Disciplinary Proceedings | Tonya Robinson | 1999 |
IN NORTH CAROLINA’S PUBLIC UNIVERSITIES AND COM- MUNITY COLLEGES, allegations of student misconduct can put in motion a variety of administrative and disciplinary proceedings. |
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2000/01 | Procedures for Dismissal under the Teacher Tenure Act | Robert P. Joyce | 2000 |
This article describes the procedures by which local school boards may dismiss teachers and by which the board’s decisions may be reviewed under the due process provisions of the Teacher Tenure Act |
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2008/03 | Nonrenewal of Probationary Teachers | Ken Soo | 2008 |
Probationary public school teachers in North Carolina hold one-year contracts that school boards may decline to renew for any rational, nondiscriminatory reason. |
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1999/05 | New Procedures for School and College Construction, Purchasing, and Sales | Frayda S. Bluestein | 1999 |
THE 1998 GENERAL ASSEMBLY enacted laws affecting single- and separate-prime bidding for local school administrative unit building projects, increasing the purchasing flexibility of school units and |
Download (107.01 KB) |
1998/05 | New Kid on the Block: The School Boards Program | Susan Leigh Flinspach | 1998 |
Ever since the first wave of state-initiated educational reforms began to be felt in the early 1980s, state responsibility for education has increasingly impinged on the local control of schools. |
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2005/11 | N.C. Supreme Court Rules More Penalties Payable to Public Schools: North Carolina School Boards Association v. Moore | 2005 |
In the year 2015 a writer summarizing the past decade of North Carolina public school funding would almost cer- tainly reference the summer of 2005 as memorable—even revolutionary. |
Download (173.69 KB) | |
2003/06 | Must Schools Comply with the HIPAA Privacy Rule? | Jill D. Moore, Aimee N. Wall | 2003 |
This article describes each of those inquiries in detail, using examples from typical North Carolina schools. |
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1999/04 | Modifications to Laws Affecting Employment in the Public Schools | Robert P. Joyce | 1999 |
IN 1997 THE GENERAL ASSEMBLY, in passing the Excellent Schools Act, made significant changes in all aspects of public school employment: teacher prepara- tion and certification, performance evaluat |
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1998/04 | Legal Issues in School Volunteer Programs Part IV: Policies for Minimizing Risk in School Volunteer Programs | 1998 |
Part IV is the final installment of this series on legal issues in school volunteer programs. The first three parts dis- cussed liability issues in public school volunteer programs. |
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1998/01 | Legal Issues in School Volunteer Programs Part III: Vicarious School Board Liability | 1998 |
This is Part III of a four-part series discussing issues of liability in school volunteer programs. |
Download (187.56 KB) | |
1997/02 | Legal Issues in School Volunteer Programs Part II: Direct School Board Liability | 1997 |
This is Part II of the four-part series discussing issues of liability in school volunteer programs. |
Download (107.91 KB) | |
1997/01 | Legal Issues in School Volunteer Programs Part I: Liability for Volunteers Themselves | 1997 |
This article begins a four-part series discussing issues of liability in school volunteer programs and mechanisms for keeping harmful situations to a minimum. |
Download (266.73 KB) | |
2001/09 | Leandro: Constitutional Adequacy in Education and Standards-Based Reforms | 2001 |
The North Carolina Supreme Court in its now-famous Leandro1 decision recognized for the first time a right under the state constitution to a “sound basic education.” Three extensive rulings of a st |
Download (217.28 KB) | |
2008/05 | Independent Contractor or Employee? The Legal Distinction and Its Consequences | Diane M. Juffras | 2008 |
Examines the advantages and risks of government employers using independent contractors to perform work traditionally done by regular employees. |
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2008/01 | Impact on Local School Administrative Units of the 2007–2008 Legislation to Reform Medicaid Funding  | Kara A. Millonzi | 2008 |
In its 2007 Appropriations Act, the North Carolina General Assembly enacted a series of interrelated measures affecting Medicaid funding, state and local sales and use taxes, and the Public School |
Download (147.37 KB) |
2007/01 | Free Appropriate Public Education in the Fourth Circuit | Carie Little Hersh | 2007 |
The Individuals with Disabilities Education Act (IDEA) is a federal law that helps states provide special education and related services to children with disabilities.1 Under IDEA, states receive f |
Download (244.87 KB) |
2000/05 | Employee Grievances and Appeals to the Local Board of Education | Robert P. Joyce | 2000 |
BECAUSE OF TWO PROVISIONS in Chapter 115C of the North Carolina General Statutes (hereinafter G.S.), al- most anyone affected by any school decision may appeal that decision directly to the local b |
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2002/08 | Eligibility under IDEA for Other Health Impaired Children | Kara Grice | 2002 |
In recent years, schools have faced increased pressure from some parents to qualify their children as eligible for special education services under the Individuals with Disabilities Education Act ( |
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2004/08 | Educational Rights of Homeless Children and Youths: The McKinney-Vento Act and Its Impact on North Carolina’s Schools | Joseph D. Ableidinger | 2004 |
More than a million children in the United States experience homelessness during the course of a year, a startling figure that begs the question, “What does it mean to be homeless?” School administ |
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2005/04 | Domestic Violence and Schools: What School Officials Can Do | 2005 |
Domestic violence has been a part of society for—perhaps —forever. And children have been scarred by it for just as long. |
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2002/06 | Disability Harassment: An Emerging Claim or an OCR Pipe Dream? | Carolyn A. Waller | 2002 |
Consider this: a fifth grader is teased during class by other students, who call him “stupid,” “retarded” and “a reject.” Sound pretty typical? |
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2007/03 | Critical Choices in Superintendents’ Contracts | 2007 |
To familiarize both parties to the contract with options, the article describes many critical choices that should be reflected in the contract. |
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2000/06 | Critical Choices in Superintendents’ Contracts | 2000 |
A SUPERINTENDENT’S CONTRACT should be judged by more than simply how favorable its provisions are. |
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2001/15 | Criminal Records Checks on Applicants and Employees | Robert P. Joyce | 2001 |
This is an editor's note on criminal records checks on applicants and employees. |
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2002/03 | Creationism and the Theory of Biological Evolution in the North Carolina Standard Course of Study | Drew D. Dropkin | 2002 |
What are the legal principles underlying the treatment of these controversial topics in the North Carolina public school curriculum? |
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2004/04 | Compensatory Education and the IDEA | Sandhya Gopal | 2004 |
The Individuals with Disabilities Education Act (IDEA) guarantees every child with a disability who needs special educa- tion a free appropriate public education (FAPE) that includes special educat |
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2005/02 | Clearinghouse | 2005 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
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1999/15 | Clearinghouse | 1999 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (827.12 KB) | |
2006/07 | Clearinghouse | 2006 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (124.83 KB) | |
2008/07 | Clearinghouse | 2008 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (93.12 KB) | |
2001/05 | Clearinghouse | 2001 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (240.57 KB) | |
2003/10 | Clearinghouse | 2003 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (81.85 KB) | |
2002/07 | Clearinghouse | 2002 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (93.54 KB) | |
2003/11 | Clearinghouse | 2003 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (75.39 KB) | |
2005/05 | Clearinghouse | 2005 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (128.8 KB) | |
2006/09 | Clearinghouse | 2006 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (150.05 KB) | |
2000/02 | Clearinghouse | 2000 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (592.75 KB) | |
2008/09 | Clearinghouse | 2008 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (234.86 KB) | |
2004/02 | Clearinghouse | 2004 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (85.91 KB) | |
2007/02 | Clearinghouse | 2007 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (106.08 KB) | |
2001/11 | Clearinghouse | Robert P. Joyce | 2001 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
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2002/11 | Clearinghouse | 2002 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (554.39 KB) | |
2005/08 | Clearinghouse | 2005 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (622.31 KB) | |
1999/07 | Clearinghouse | 1999 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (250.44 KB) | |
2003/01 | Clearinghouse | 2003 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (578.84 KB) | |
2000/08 | Clearinghouse | 2000 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (182.31 KB) | |
2005/12 | Clearinghouse | 2005 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (104.8 KB) | |
2007/06 | Clearinghouse | 2007 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (147.79 KB) | |
2000/09 | Clearinghouse | 2000 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (83.9 KB) | |
2004/07 | Clearinghouse | 2004 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (79.64 KB) | |
2006/01 | Clearinghouse | 2006 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (155.92 KB) | |
2008/02 | Clearinghouse | 2008 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (104.09 KB) | |
2004/09 | Clearinghouse | 2004 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (77.09 KB) | |
2002/02 | Clearinghouse | 2002 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (625.02 KB) | |
2006/04 | Clearinghouse | 2006 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (154.13 KB) | |
2008/04 | Clearinghouse | 2008 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (103.32 KB) | |
2001/02 | Clearinghouse | 2001 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (336.85 KB) | |
2003/07 | Clearinghouse | 2003 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
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2004/03 | Child Custody Law for School Personnel: Frequently Asked Questions | Cheryl D. Howell | 2004 |
As most school personnel know, significant numbers of students do not reside in homes with both parents. So-called nontraditional family structures are today more common than uncommon. |
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2008/08 | Changes Related to Higher Education | Robert P. Joyce | 2008 |
This was a quiet year for higher education in the North Carolina General Assembly. |
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2002/12 | Changes Affecting Purchasing and Contracting | Frayda S. Bluestein | 2002 |
The most important pieces of legislation affecting public purchasing and contracting this session (1) authorize the use of the “reverse auction” bidding method for purchase contracts, (2) allow pub |
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2003/08 | Changes Affecting Higher Education | Robert P. Joyce | 2003 |
In 2000 the General Assembly proposed—and the voters approved—issuance of $2.5 billion in general obligation bonds for capital improvements at the University of North Carolina (UNC) and $600 millio |
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2006/08 | Changes Affecting Higher Education | Robert P. Joyce | 2006 |
After a number of lean years in a row, officials of the University of North Carolina (UNC) and the state’s community college system rejoiced in 2006 over happier fiscal news. |
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2002/09 | Changes Affecting Higher Education | Robert P. Joyce | 2002 |
In the difficult economic times of the 2002 legislative session, the chief interests of the University of North Carolina and the North Carolina Community College System centered on the General Asse |
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2001/10 | Changes Affecting Higher Education | Robert P. Joyce | 2001 |
IN A 1971 SPECIAL SESSION called for that purpose, the General Assembly overhauled the structure for operating the state’s four-year institutions of higher education. |
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2005/09 | Changes Affecting Higher Education | Robert P. Joyce | 2005 |
As it has in recent years, money remained tight in the 2005 General Assembly, and overall appropriations for The University of North Carolina (UNC) and the Community College system rose only slight |
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