School Law Bulletin Series

Most recently published bulletins are shown first. Displaying 1 - 100 of 128 bulletins
Bulletin Number Title Author Datesort descending Description Download
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.

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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.

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1997/03 1997 North Carolina Legislation Affecting Elementary and Secondary Education Laurie L. Mesibov 1997

The article reviews the North Carolina legislation from 1997 affecting elementary and secondary education.

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1997/04 1997 North Carolina Legislation Affecting Employment in the Public Schools Robert P. Joyce 1997

This article looks at North Carolina legislation from 1997 affecting employment in the public schools.

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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.

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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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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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1998/05 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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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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1999/01 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov 1999

THE 1990S HAVE SEEN ENORMOUS CHANGES in public school law.

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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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1999/03 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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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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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

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1999/06 1998 Legislation Affecting Public Education in North Carolina 1999

This is the editors note on 1998 Legislation Affecting Public Education in North Carolina.

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1999/07 Clearinghouse 1999

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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1999/08 1998 Licensure Decisions of the North Carolina State Board of Education 1999

THE EXCELLENT SCHOOLS ACT OF 1997 addressed issues related to every phase of employment in North Carolina’s public schools, from teacher education to professional development, contract renewals, an

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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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1999/10 Changes Affecting Employment in the Public Schools Robert P. Joyce 1999

AFTER THREE VERY ACTIVE SESSIONS in 1996, 1997, and 1998, the North Carolina General Assembly in 1999 took a break from enacting major legislation affecting employment in the public schools.

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1999/11 Changes Affecting Higher Education Robert P. Joyce 1999

THE BIGGEST STORY in higher education legislation in the 1999 session of the North Carolina General Assembly was a bill that did not pass—S 912—which, in its original form, would have authorized th

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1999/12 Additional Limitations on Noninstructional and Extracurricular Duties 1999

THE 1999 NORTH CAROLINA GENERAL ASSEMBLY passed SL 1999-96 (S 898), which adds to the list of local board duties spelled out in Section 115C-47 of the North Carolina General Statutes (hereinafter G

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1999/13 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov 1999

THE GENERAL ASSEMBLY enacted no bold new initiatives to improve public education in 2000.

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1999/15 Clearinghouse 1999

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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?

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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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2000/02 Clearinghouse 2000

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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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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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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2000/07 A Student Commits Suicide: What Would—Could— Your School Do? Emily Gamble 2000

This article begins with a general discussion of school preparedness plans based on my conversations with school counselors, nurses, psychologists, attorneys, assistant superintendents, assistant p

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2000/08 Clearinghouse 2000

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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2000/09 Clearinghouse 2000

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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2000/10 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov 2000

THE GENERAL ASSEMBLY enacted no bold new initiatives to improve public education in 2000.

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2000/11 Changes Affecting Higher Education Robert P. Joyce 2000

THE BIGGEST STORY in higher education legislation in the 2000 session of the North Carolina General As- sembly was the enactment of the Michael K.

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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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2001/02 Clearinghouse 2001

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2001/04 Anatomy of a School Funding Dispute: Guilford County 2000 Jill R. Wilson 2001

IN THE SUMMER OF 2000 Guilford County experienced a contentious battle over public school funding.

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2001/05 Clearinghouse 2001

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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2001/06 Applying the Equal Access Act to Gay/Straight Alliances Thomas J. Spiggle 2001

This article examines the Equal Access Act, the role it plays in protecting student-initiated groups, and the criteria school officials should consider when determining whether their school is cove

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2001/07 A Review of: Violence-Proof Your Kids Now: How to Recognize the 8 Warning Signs and What to Do about Them: Karres, Erika V. Shearin. (2000). Berkeley, Calif.: Conari Press. Susan Leigh Flinspach 2001

This is a book review of Violence-Proof Your Kids Now: How to Recognize the 8 Warning Signs and What to Do about Them, by Erica V. Shearin Karres.

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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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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

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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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2001/11 Clearinghouse Robert P. Joyce 2001

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2001/13 Changes Affecting Employment in the Public Schools Robert P. Joyce 2001

THE 2001 GENERAL ASSEMBLY passed legislation affecting employment in North Carolina’s public schools in the areas of licensure and professional devel- opment, recruiting and hiring, leave and pay,

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2001/14 Changes Affecting Construction, Purchasing, and Conflicts of Interest Frayda S. Bluestein 2001

The year 2001 saw numerous updates and changes to the rules applying to public contracts.

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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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2001/16 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov 2001

IN SPITE OF THE STATE’S FINANCIAL PROBLEMS, the 2001 General Assembly supported ongoing and new programs to improve student learning and achievement.

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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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2002/02 Clearinghouse 2002

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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2002/05 An Essay on Successful Multicampus Governance: The North Carolina Model John L. Sanders 2002

The article looks at successful multicampus governance, using the University of North Carolina System as a model.

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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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2002/07 Clearinghouse 2002

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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2002/10 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov, Robert P. Joyce 2002

In 2002 the biggest changes in education policy came from the federal government, not from traditional state policymakers.

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2002/11 Clearinghouse 2002

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2003/01 Clearinghouse 2003

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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2003/04 Adequate Public Facility Criteria: Linking Growth to School Capacity Richard D. Ducker 2003

A number of school systems in North Carolina today are struggling to provide school facilities adequate to a system of quality education.

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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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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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2003/07 Clearinghouse 2003

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2003/09 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov, Robert P. Joyce 2003

It was a quiet year for legislation related to public elementary and secondary schools.

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2003/10 Clearinghouse 2003

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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2003/11 Clearinghouse 2003

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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2004/02 Clearinghouse 2004

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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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

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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2004/06 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov, Robert P. Joyce 2004

The General Assembly made only a few significant changes to public elementary and secondary school law this year.

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2004/07 Clearinghouse 2004

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2004/09 Clearinghouse 2004

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2005/02 Clearinghouse 2005

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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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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2005/05 Clearinghouse 2005

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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2005/07 Changes Affecting Elementary and Secondary Education Laurie L. Mesibov, Robert P. Joyce 2005

Th is was the year of the lottery. For many sessions in a row, the question of adopting a lottery for North Carolina sharply divided the General Assembly.

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2005/08 Clearinghouse 2005

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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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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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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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.

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2005/12 Clearinghouse 2005

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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2006/01 Clearinghouse 2006

The Clearinghouse digests recent state and federal opinions that affect North Carolina.

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