School Law Bulletin Series
Bulletin Number | Title | Author | Date | Description | Download |
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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. |
Download (192.04 KB) |
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. |
Download (173.18 KB) |
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. |
Download (160.17 KB) | |
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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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. |
Download (61.94 KB) |
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 |
Download (99.85 KB) |
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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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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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. |
Download (1.58 MB) |
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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2001/06 | 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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2001/14 | 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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2006/06 | 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. |
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2008/06 | 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. |
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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. |
Download (104.35 KB) |
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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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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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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2007/05 | 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) |
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. |
Download (89.67 KB) |
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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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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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. |
Download (881.79 KB) |
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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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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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 |
Download (146.92 KB) |
2007/04 | 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) |
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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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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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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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. |
Download (70.9 KB) |
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. |
Download (114.59 KB) |
2005/02 | Clearinghouse | 2005 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (1.52 MB) | |
1999/15 | Clearinghouse | 1999 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (827.12 KB) | |
2001/05 | Clearinghouse | 2001 |
The Clearinghouse digests recent state and federal opinions that affect North Carolina. |
Download (240.57 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) | |
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. |
Download (163.08 KB) |
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. |
Download (429.21 KB) | |
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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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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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. |
Download (25.05 KB) |
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. |
Download (251.29 KB) | |
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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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? |
Download (85.79 KB) |
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. |
Download (194.01 KB) | |
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 |
Download (118.95 KB) |
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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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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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) |
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) |
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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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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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. |
Download (107.91 KB) | |
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) | |
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. |
Download (368.85 KB) | |
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 |
Download (129.09 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. |
Download (417.56 KB) |
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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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. |
Download (58.14 KB) |
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) |
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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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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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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1999/02 | 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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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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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 |
Download (106.02 KB) |
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. |
Download (843.99 KB) |
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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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. |
Download (460.4 KB) |