In the Matter of S.M., 190 N.C. App. 579 (2008)

The trial court erred by denying the juvenile’s motion to dismiss the charge of disorderly conduct in a school, under G.S. 14-288.4(a)(6), where the evidence showed that the juvenile and a friend were walking and giggling in a hallway when they should have been in class but there was no substantial disruption of the school or classroom instruction, and there was no evidence that respondent was aggressive or violent or used vulgar language. The offense is not committed when a student engages in “ordinary misbehavior or rule-breaking.”