KING v. BEAUFORT COUNTY BD. OF EDUC.

No. 480A09.

704 S.E.2d 259 (2010)

Viktoria KING, a minor, by and through her parent, Revondia HARVEY-BARROW v. BEAUFORT COUNTY BOARD OF EDUCATION and Jeffrey Moss, Superintendent, Beaufort County Schools, in his official capacity.

Supreme Court of North Carolina.

October 8, 2010.


Attorney(s) appearing for the Case

Children's Law Clinic, Duke Law School, by Jane Wettach ; and Advocates for Children's Services, Legal Aid of North Carolina, Inc., by Erwin Byrd and Lewis Pitts , Durham, for plaintiff-appellant.

Tharrington Smith, L.L.P., by Curtis H. Allen III , Raleigh, for defendant-appellee Beaufort County Board of Education.

Edelstein and Payne, by M. Travis Payne , Raleigh, for North Carolina Advocates for Justice, amicus curiae.

University of North Carolina School of Law Center for Civil Rights, by Mark Dorosin and Benita N. Jones , Chapel Hill, for Advancement Project, Advocates for Basic Legal Equality, Inc., Legal Aid of Western Ohio, Inc., Advocates for Children of New York, Alabama Disabilities Advocacy Program, American Civil Liberties Union, Barton Child Law & Policy Clinic, Center for Civil Rights at UNC School of Law, Charles Hamilton Houston Institute for Race and Justice at Harvard Law School, Children and Family Justice Center; Children's Law Center of Massachusetts, Connecticut Legal Services, Inc., Council of Parent Attorneys and Advocates, Education Law Center, Juvenile Justice Project of Louisiana, Legal Aid Society of Birmingham, Legal Assistance Foundation of Metropolitan Chicago; NAACP Legal Defense & Educational Fund, Inc., National Association of Counsel for Children, National Association of Social Workers, National Children's Law Network, National Economic and Social Rights Initiative, New York Law School Racial Justice Project, Public Counsel, Southern Poverty Law Center, TeamChild, University of Tennessee College of Law Education Law Practicum, Sharon A. Bourne-Clarke, Melissa Kenney Ngaruri, Heather E. Price, Russell Skiba, Anita Wadhwa, and Julie Waterstone, amici curiae.

Laurie Gallagher , Charlotte, for Council for Children's Rights, amicus curiae.

Jack Holtzman , Raleigh, for North Carolina Justice Center, Concerned Citizens for the Betterment of Beaufort County Schools, Parents Supporting Parents, Tamar Birckhead, American Civil Liberties Union of North Carolina Legal Foundation, Southern Coalition for Social Justice, Center for Death Penalty Litigation, Inc., Office of the Juvenile Defender, North Carolina Black Leadership Caucus, and NC Conference of NAACP Branches, amici curiae.

Robert F. Orr , Raleigh, and Charles L. Becton , Durham, amici curiae.

Campbell Shatley, PLLC, by Christopher Z. Campbell ; and Allison B. Schafer , General Counsel, for North Carolina School Boards Association, amicus curiae.

Ann McColl , General Counsel; and William A. Tobin , Social Science Research Institute, Duke University, for North Carolina Association of School Administrators, amicus curiae.


MARTIN, Justice.

This case presents the question of whether the Beaufort County School Board and its superintendent (defendants) violated state law by denying Viktoria King (plaintiff) access to alternative education during her long-term suspension from school. After considering longstanding precedent affording school officials discretion in administering student disciplinary codes and recent cases recognizing a state constitutional right to a

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