School Law Bulletin Series

Most recently published bulletins are shown first. Displaying 1 - 100 of 128 bulletins
Bulletin Number Titlesort ascending 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?

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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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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

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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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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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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.

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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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1997/01 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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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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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

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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

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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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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

2007/02 Clearinghouse 2007

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

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2004/02 Clearinghouse 2004

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

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2005/08 Clearinghouse 2005

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

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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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2002/11 Clearinghouse 2002

The Clearinghouse digests recent state and federal opinions that affect 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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2000/08 Clearinghouse 2000

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

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2003/01 Clearinghouse 2003

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

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2005/12 Clearinghouse 2005

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

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2007/06 Clearinghouse 2007

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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2006/01 Clearinghouse 2006

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

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2004/07 Clearinghouse 2004

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

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2008/02 Clearinghouse 2008

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

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2004/09 Clearinghouse 2004

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

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2006/04 Clearinghouse 2006

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

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2008/04 Clearinghouse 2008

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

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2001/02 Clearinghouse 2001

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

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2002/02 Clearinghouse 2002

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

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2003/07 Clearinghouse 2003

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.

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2005/02 Clearinghouse 2005

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

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2006/07 Clearinghouse 2006

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

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2008/07 Clearinghouse 2008

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

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2001/05 Clearinghouse 2001

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

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2003/10 Clearinghouse 2003

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

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2006/09 Clearinghouse 2006

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

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2000/02 Clearinghouse 2000

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

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2008/09 Clearinghouse 2008

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

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2002/07 Clearinghouse 2002

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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2005/05 Clearinghouse 2005

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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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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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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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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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.

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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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