CM, a minor, by and through her parents, JM and EM, and on their own behalf, Plaintiffs-Appellants,
v.
The BOARD OF EDUCATION OF HENDERSON COUNTY, a/k/a Henderson County Public Schools; Dan G. Lunsford, Education Department Superintendent; Linda R. Hawk, Chairman; Jackie H. Hornsby, Vice Chairman; Ervin W. Bazzle; Brenda O. Brock; Allen A. Combs; Thomas E. Orr; Thomas B. Pryor; Judy Diane Hartman Cook, in their official and individual capacities, Defendants-Appellees,
State of North Carolina, Intervenor.
M.E.; P.E., on their behalf and on behalf of their son, C.E., Plaintiffs-Appellants,
v.
The Buncombe County Board of Education, a/k/a Buncombe County Public Schools, Defendant-Appellee, and
State of North Carolina, Intervenor.
UNITED STATES of America; North Carolina School Boards Association, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 4, 2000.
Decided: February 21, 2001.
Attorney(s) appearing for the Case
ARGUED: Paul Lawrence Erickson, The Law Firm of Paul L. Erickson, Asheville, NC; Peter W.D. Wright, Deltaville, VA, for Appellants. Kevin Kendrick Russell, United States Department of Justice, Washington, DC, for Amicus Curiae United States. Ann L. Majestic, Tharrington Smith, L.L.P., Raleigh, NC; Christopher Zemp Campbell, Roberts & Stevens, P.A., Asheville, NC, for Appellees. Joyce S. Rutledge, Assistant Attorney General, North Carolina Department of Justice, Raleigh, NC, for Intervenor. ON BRIEF: Michael F. Easley, Attorney General of North Carolina, Thomas J. Ziko, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Intervenor. Bill Lann Lee, Acting Assistant Attorney General, Mark L. Gross, Rebecca K. Troth, United States Department of Justice, Washington, DC; Judith A. Winston, General, Kala Shah Surprenant, United States Department of Education, Washington, DC, for Amicus Curiae United States. Elaine M. Whitford, Tharrington Smith, L.L.P., Raleigh, NC; Allison B. Schafer, North Carolina School Boards Association, Raleigh, NC, for Amicus Curiae Association.
Before WIDENER and MOTZ, Circuit Judges, and Terrence W. BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed in part and reversed in part by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge WIDENER and Chief Judge BOYLE joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
We consider today, as a matter of first impression, whether a state statute, providing that a request for a due process hearing must be filed within sixty days of an agency decision, is inconsistent with the...
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