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BALLARD v. WEAST

No. COA94-1328.

465 S.E.2d 565 (1996)

Geraldine BALLARD, for herself and as Guardian Ad Litem for Romique Ingram, and Helen Potter, for herself and as Guardian Ad Litem for Blaine Trivett, both individually and on behalf of all other persons similarly situated, Plaintiffs, v. Jerry D. WEAST, individually and in his official capacity as Superintendent of the Guilford County Public Schools, and the Guilford County Board of Education, a corporation, Defendants.

Court of Appeals of North Carolina.

January 16, 1996.

Attorney(s) appearing for the Case

Central Carolina Legal Services, Inc. by Stanley B. Sprague and Brenda F. Bergeron, Greensboro, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice by Richard T. Rice, Winston-Salem, and Brooks, Pierce, McLendon, Humphrey & Leonard by Jill R. Wilson, Greensboro, for defendants-appellees.

LEWIS, Judge.

In this case, plaintiffs seek to challenge the school admissions policy of the Guilford County Schools.

On 19 April 1993, The Guilford County Board of Education adopted a policy ("April policy") which provides that the Guilford County Schools ("Schools") will furnish a tuition free education to otherwise qualified students "residing" in the school district. Under this policy, "the residence of students under 18 years of age is the permanent residence...

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