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CRAIG BY CRAIG v. BUNCOMBE COUNTY BD. OF EDUC.

No. 8528SC924.

343 S.E.2d 222 (1986)

Kim CRAIG, by Howard CRAIG, her Guardian ad Litem and Kevin Russell, by his Guardian ad Litem, Pam Russell v. BUNCOMBE COUNTY BOARD OF EDUCATION, Larry C. McCallum, in his capacity as Principal of Charles D. Owen High School, Vernon E. Dover, Robert E. Greene, James Lewis, Jr., Wendall Begley, Mrs. Grace Brazil, Marshall Roberts and Charles Wykle, in their capacity as members of the Buncombe County School Board.

Court of Appeals of North Carolina.

May 20, 1986.

Attorney(s) appearing for the Case

C. David Gantt, P.A., Ashville, for plaintiffs-appellants.

Roberts, Cogburn, McClure & Williams by James W. Williams, Isaac N. Northup, Jr., and Glenn S. Gentry, Ashville, for defendants-appellees.

PARKER, Judge.

Appellants contend that the smoking ban imposed by the Buncombe County Board of Education deprives students who smoke of the "fundamental right" to an education. However, in our view, the right deprived is only the right to use or possess tobacco products on school grounds during school hours. A smoker is not denied the right to an education so long as he or she confines the smoking to outside school hours and off school grounds.

The smoking...

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