HOKE COUNTY BD. OF EDUC. v. STATE

No. 530PA02.

599 S.E.2d 365 (2004)

358 N.C. 605

HOKE COUNTY BOARD OF EDUCATION; Halifax County Board of Education; Robeson County Board of Education; Cumberland County Board of Education; Vance County Board of Education; Randy L. Hasty, individually and as guardian ad litem of Randell B. Hasty; Steven R. Sunkel, individually and as guardian ad litem of Andrew J. Sunkel; Lionel Whidbee, individually and as guardian ad litem of Jeremy L. Whidbee; Tyrone T. Williams, individually and as guardian ad litem of Trevelyn L. Williams; D.E. Locklear, Jr., individually and as guardian ad litem of Jason E. Locklear; Angus B. Thompson II, individually and as guardian ad litem of Vandaliah J. Thompson; Mary Elizabeth Lowery, individually and as guardian ad litem of Lannie Rae Lowery; Jennie G. Pearson, individually and as guardian ad litem of Sharese D. Pearson; Benita B. Tipton, individually and as guardian ad litem of Whitney B. Tipton; Dana Holton Jenkins, individually and as guardian ad litem of Rachel M. Jenkins; Leon R. Robinson, individually and as guardian ad litem of Justin A. Robinson, Plaintiffs, and Asheville City Board of Education; Buncombe County Board of Education; Charlotte-Mecklenburg Board of Education; Durham Public Schools Board of Education; Wake County Board of Education; Winston-Salem/Forsyth County Board of Education; Cassandra Ingram, individually and as guardian ad litem of Darris Ingram; Carol Penland, individually and as guardian ad litem of Jeremy Penland; Darlene Harris, individually and as guardian ad litem of Shamek Harris; Nettie Thompson, individually and as guardian ad litem of Annette Renee Thompson; Ophelia Aiken, individually and as guardian ad litem of Brandon Bell, Plaintiff-Intervenors, v. STATE of North Carolina and the State Board of Education, Defendants.

Supreme Court of North Carolina.

July 30, 2004.


Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, L.L.P., by Robert W. Spearman, Raleigh, for plaintiff-appellees.

Tharrington Smith, L.L.P., by Ann L. Majestic and Debra R. Nickels, Raleigh; and Hogan & Hartson, L.L.P., by Audrey J. Anderson, pro hac vice, Washington, DC, for plaintiff-intervenor-appellants and -appellees.

Roy Cooper, Attorney General, by Edwin M. Speas, Jr., Chief Deputy Attorney General; Grayson G. Kelley, Senior Deputy Attorney General; Thomas J. Ziko, Special Deputy Attorney General, for defendant-appellants and -appellees.

Ann W. McColl, Raleigh, on behalf of the North Carolina Association of School Administrators, amicus curiae.

Ferguson Stein Chambers Adkins Gresham & Sumter, P.A., by S. Luke Largess, Charlotte; and Thomas M. Stern, Durham, on behalf of the North Carolina Association of Educators, amicus curiae.

Seth H. Jaffe on behalf of The American Civil Liberties Union Foundation, Inc.; Deborah Greenblatt on behalf of Carolina Legal Assistance, Inc.; Sheria Reid and Carlene McNulty on behalf of North Carolina Justice & Community Development Center; Gregory C. Malhoit, Raleigh, on behalf of The Rural School & Community Trust; John Charles Boger, Chapel Hill, on behalf of The University of North Carolina School of Law Center for Civil Rights; and Romallus O. Murphy, Greensboro, on behalf of the North Carolina NAACP, amici curiae.


ORR, Justice.

The State of North Carolina and the State Board of Education ("the State"), as defendants, appeal from a trial court order concluding that the State had failed in its constitutional duty to provide certain students with the opportunity to attain a sound basic education, as defined by this Court's holding in Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997). We affirm the trial...

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