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Education Law

Supreme Court of North Carolina
Uncategorized

K.H. — Student may pursue state constitutional claim over school response to alleged teacher assault

The Supreme Court held that the pleaded facts were sufficient to proceed on a narrow constitutional theory: a school board may not be deliberately indifferent to extreme in-school conduct that deprives a student of equal access to a sound basic education. The Court also found immediate appellate jurisdiction based on the risk of inconsistent verdicts, reversed the contrary ruling, and remanded.

Court of Civil Appeals of Alabama
Uncategorized

Monroe County Board of Education v. Turner-Pugh — Court Reinstates Termination, Finding Adequate Due Process Notice

The Alabama Court of Civil Appeals reversed a hearing officer’s order, holding that a school board provided adequate due process notice of a termination hearing by serving the employee’s attorney of record, and that internal miscommunication among the employee’s multiple lawyers did not create a constitutional violation.

North Carolina Court of Appeals
Uncategorized

Doe v. Fulton — SAFE Child Act Revival Window Applies to School Board Sexual Abuse Claims; Ten-Year Repose Period in § 1-52(16) Limited to Latent Injuries

The North Carolina Court of Appeals affirmed denial of a school board’s motion to dismiss a SAFE Child Act revival claim, holding that the ten-year repose period in N.C. Gen. Stat. § 1-52(16) applies only to latent injuries (not sexual assault) and that governmental immunity is not established at the pleading stage when the record leaves an unexplained gap in insurance coverage for any year in which the alleged abuse occurred.

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