School Law Bulletin Series

Most recently published bulletins are shown first. Displaying 1 - 100 of 129 bulletins
Title Author Date Description Download
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

Download (2.72 MB)
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

Download (281.22 KB)
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.

Download (485.67 KB)
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.

Download (460.4 KB)
Clearinghouse 2008

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

Download (234.86 KB)
Clearinghouse 2008

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

Download (93.12 KB)
Changes Related to Higher Education Robert P. Joyce 2008

This was a quiet year for higher education in the North Carolina General Assembly.

Download (70.9 KB)
Changes Affecting Elementary and Secondary Education Robert P. Joyce, Laurie L. Mesibov 2008

The General Assembly enacted no major school law changes during the 2008 legislative session. It continued to support efforts to help all students learn and achieve.

Download (119.77 KB)
Clearinghouse 2008

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

Download (103.32 KB)
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.

Download (316.69 KB)
Clearinghouse 2008

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

Download (104.09 KB)
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)
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.

Download (77.78 KB)
Changes Affecting Elementary and Secondary Education Laurie L. Mesibov, Robert P. Joyce 2007

The General Assembly enacted no major changes in public school law in 2007.

Download (141.25 KB)
Clearinghouse 2007

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

Download (147.79 KB)
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.

Download (251.29 KB)
Changes Affecting Higher Education Robert P. Joyce 2007

For the second session in a row, the General Assembly was generous in its appropriations to the University of North Carolina (UNC) and the state’s Community College System.

Download (87.76 KB)
Clearinghouse 2007

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

Download (106.08 KB)
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)
Clearinghouse 2006

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

Download (150.05 KB)
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.

Download (241.08 KB)
Clearinghouse 2006

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

Download (124.83 KB)
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.

Download (89.59 KB)
Changes Affecting Elementary and Secondary Education Robert P. Joyce, Laurie L. Mesibov 2006

In 2006 the General Assembly rewrote the law regarding public school services for children with special needs, bringing it into closer harmony with federal law on the same subject.

Download (152.98 KB)
The Changing Landscape of Single-Sex Education John D. Hurst 2006

Single-sex education is receiving renewed attention around the country.

Download (136.31 KB)
Clearinghouse 2006

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

Download (154.13 KB)
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

Download (106.02 KB)
Clearinghouse 2006

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

Download (155.92 KB)
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.

Download (437.22 KB)
Clearinghouse 2005

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

Download (104.8 KB)
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

Download (119.36 KB)
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)
Clearinghouse 2005

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

Download (163.51 KB)
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

Download (146.92 KB)
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.

Download (214.4 KB)
Clearinghouse 2005

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

Download (128.8 KB)
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.

Download (194.01 KB)
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.

Download (144.56 KB)
Clearinghouse 2005

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

Download (1.52 MB)
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.

Download (1.67 MB)
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.

Download (1.48 MB)
Clearinghouse 2004

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

Download (77.09 KB)
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

Download (104 KB)
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

Download (118.95 KB)
Clearinghouse 2004

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

Download (79.64 KB)
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.

Download (89.67 KB)
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

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.

Download (158.17 KB)
Clearinghouse 2004

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

Download (85.91 KB)
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.

Download (114.59 KB)
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.

Download (127.44 KB)
Clearinghouse 2003

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

Download (75.39 KB)
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

Download (157.49 KB)
Clearinghouse 2003

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

Download (81.85 KB)
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.

Download (104.35 KB)
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

Download (67.22 KB)
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.

Download (417.56 KB)
Clearinghouse 2003

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

Download (429.21 KB)
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.

Download (371.61 KB)
Clearinghouse 2003

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

Download (578.84 KB)
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.

Download (580.85 KB)
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.

Download (670.13 KB)
School Law Bulletin Index, Vols. 1 - 34, 1970 - 2003 2003

School Law Bulletin Cumulative index for Vols. 1-34, 1970-2003.

Download (313.9 KB)
Clearinghouse 2002

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

Download (554.39 KB)
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

Download (71.23 KB)
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.

Download (87.86 KB)
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

Download (81.61 KB)
Clearinghouse 2002

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

Download (93.54 KB)
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 (

Download (75.63 KB)
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?

Download (85.79 KB)
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.

Download (1.58 MB)
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.

Download (1.58 MB)
Clearinghouse 2002

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

Download (625.02 KB)
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?

Download (440.96 KB)
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

Download (416.38 KB)
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.

Download (189.61 KB)
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,

Download (113.09 KB)
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.

Download (158.64 KB)
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

Download (130.7 KB)
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.

Download (25.05 KB)
Clearinghouse Robert P. Joyce 2001

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

Download (163.08 KB)
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.

Download (149.41 KB)
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.

Download (61.94 KB)
School Personnel Records Law Robert P. Joyce 2001

North Carolina’s public records law applies fully to the state’s public school systems.

Download (111.77 KB)
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)
Clearinghouse 2001

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

Download (240.57 KB)
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

Download (113.52 KB)
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.

Download (150.69 KB)
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

Download (187.42 KB)
Clearinghouse 2001

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

Download (336.85 KB)
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.

Download (843.99 KB)
Clearinghouse 2000

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

Download (83.9 KB)
Credit Reports and Criminal Records Checks L. Lynnette Fuller 2000

AN EMPLOYER who uses the services of a consumer reporting agency to check on the credit history or criminal records of applicants or employees must comply with the requirements of the Fair Credit R

Download (94.52 KB)
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.

Download (66.36 KB)
Changes Affecting Elementary and Secondary Education Laurie L. Mesibov 2000

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

Download (93.53 KB)
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

Download (122.8 KB)
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

Download (99.85 KB)
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

Download (196.09 KB)
Critical Choices in Superintendents’ Contracts 2000

A SUPERINTENDENT’S CONTRACT should be judged by more than simply how favorable its provisions are.

Download (194.63 KB)
Clearinghouse 2000

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

Download (182.31 KB)

Pages