S-1 and S-2, by and through their parents and Guardians Ad Litem, P-1 and P-2 v. State Board of Education of North Carolina; Barbara Tapscott, Chairman, State Board of Education, ___ F.2d___, 1993 WL 365696 (4th Cir., Sept. 21, 1993), reh’g granted, ___ F.2d ___, 1993 U.S. App. LEXIS 28887 (4th Cir., Oct. 21, 1993), summarized by School of Government faculty, posted Fall 1993
Parents of two handicapped children—S1 and S2—placed the children in private schools for the 1983–84 school year. They subsequently sought reimbursement for the tuition they had paid, alleging that the local school board had failed to notify them of their right to receive free special education services as required by the Education of the Handicapped Act (EHA). The local school board did appropriately place the children in the city schools late in the fall of 1984, but it denied the parents reimbursement for the 1983-84 tuition.
Battle v. Duke University, ___ F. Supp. ___ (M.D.N.C. 1993), Case No. 1:90-CV00512., summarized by School of Government faculty, posted Fall 1993
Beginning in the early 1980s, business professor Joseph Battle, an African American, made several charges of racial discrimination against Duke University, including discrimination in salary, administrative evaluation procedures, and selection of teaching and committee assignments. After an arbitrator awarded Battle $500,000 for damage to professional reputation, Duke brought an action in federal district court to reduce the award.
Webster v. Board of Education of Person County, North Carolina, and Person County Board of Elections, ___ F. Supp. ___ (M.D.N.C. 1993), Case No. 1:91-CV00554, summarized by School of Government faculty, posted Fall 1993
James Webster sued the school board and the board of elections of Person County under the Voting Rights Act of 1965 and the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution, alleging that the method of electing members to the school board was adopted and maintained for the purpose of diluting the voting strength of African Americans. Although the population of Person County is 30.2 percent African American, only one African American has ever been elected to the five-member board of education.
In the Matter of the Appeal of the Atlantic Coast Conference, ___ N.C. App. ___, 434 S.E.2d 865 (1993), summarized by School of Government faculty, posted Fall 1993
The Atlantic Coast Conference, an unincorporated association of nine universities, requested a property tax exemption for its administrative offices located in Guilford County, under G.S. 105-278.4(a), which permits exemptions for property:
1. owned by an educational institution;
2. not organized or operated for profit;
3. of a kind commonly employed in the performance of activities inherent to an educational institution; and
Oakley v. Thomas, ___ N.C. App. ___, ___ S.E.2d. ___ (1993), Guilford County Case No. 90-CVS-11165, summarized by School of Government faculty, posted Fall 1993
In 1989 Danny Thomas was employed by the Randolph County Board of Education as a bus driver. While Thomas was driving a bus in the course of his employment, the vehicle struck and killed Adrian Oakley, who was riding a motorcycle insured by Harleysville Insurance Company.
Oakley’s widow filed two actions: first, a claim under the North Carolina Tort Claims Act against the school board; and second, a negligence tort lawsuit against Thomas individually in superior court.
Alicia B. v. Avery County Board of Education, Preliminary Injunction, Superior Court, Newland, Case No. 93-CVS-191 (Aug. 11, 1993), summarized by School of Government faculty, posted Fall 1993
The Avery County Board of Education refused to enroll in its schools students residing in two former orphanages in the county (to which juveniles are assigned by district courts and departments of social services). The school board argued that the children were not eligible for enrollment because the two former orphanages did not qualify as “group homes” or “foster homes” under G.S. 115C-366(a1), even though children who live in the two former orphanages had been attending the Avery County schools for many years.
Rogers v. Wake County Board of Education, NC Industrial Commission, I.C. No. TA-11846 (June 11, 1993), summarized by School of Government faculty, posted Fall 1993
On September 8, 1989, Windy Rogers drove her vehicle into the rear of a school bus that was backing down a street in Raleigh. The bus driver, who typically turned her bus around on a side street, had decided on that day to back the bus down Parrish Street after picking up the last child on her route. Rogers could see the bus backing down Parrish Street as she approached on Hargett Street. However, she failed to stop at the intersection of Hargett and Parrish and collided with the bus. She was able to get her two children out of her car before it caught fire.
Steirer v. Bethlehem Area School District, 987 F.2d 989 (3d Cir. 1993), summarized by School of Government faculty, posted Fall 1993
In 1990 the Bethlehem (Pennsylvania) Area School District adopted a graduation requirement for all public high school students to complete sixty hours of community service during high school. The hours were to be completed after school, on weekends, or during the summer.
Oberti v. Board of Education of the Borough of Clementon School District, 995 F.2d 1204 (3d Cir. 1993), summarized by School of Government faculty, posted Fall 1993
Rafael Oberti, a five-year-old child with Down’s syndrome, was enrolled for the 1989–90 school year in a “developmental” kindergarten class at a New Jersey elementary school in the morning and a special education class in another school district in the afternoon. In the kindergarten class at the elementary school, Rafael experienced behavioral problems including toileting accidents, hiding under furniture, and hitting and spitting on other children.