BROWN v. CHATHAM COUNTY BD. OF EDUC.

No. COA06-1577.

652 S.E.2d 737 (2007)

Todd BROWN, Ginger Brown, individually and as next friends to Mackayla Brown and Gracie Brown, minor children; Eric Ritter, individually and as next friend to Curt Ritter, minor child; Wayne Coble, Heather Coble, individually and as next friends to Megan Coble and Holly Coble, minor children; Darin Kidd, Cathy Kidd, individually and as next friends to William Joseph Kidd and David Kidd, minor children; Terry Curtis Barbery, Sherry Brown Barbery, individually and as next friends to Bryant Andrew Barbery and Torry Sheree Barbery, minor children; Bryan Johnson, Kimberly Johnson, individually and as next friends to Michael John Robinson and Bryan Hunter Johnson, minor children; Donald Shelton, Gloria Shelton, individually and as next friends to Buddy Baker, minor child; Elizabeth Chrisco, individually and as next friend to Frank Chrisco and Tony Chrisco, minor children; Walter H. Jones, Jr., Lisa C. Jones, individually and as next friends to Casey Jones, Chase Jones, and Cory Jones, minor children; Danny Oldham, Paula Oldham, individually and as next friends to Dalton Keith Oldham, minor child; Shawn Culberson, Deanna Culberson, individually and as next friends to Jordan Culberson, Allie Grace Culberson, and Maggie Culberson, minor children; Keith Suits, Darlene Suits, individually and as next friends to Dalton Suits and Riley Suits, minor children, Mark Brady, Jennifer Denise Brady, individually and as next friends to Samantha Brady and Lauren Brady, minor children; Brad Moody, Jennifer Moody; Paul Powers, Tammy Tysinger, individually and as next friends to Dylan Powers, minor child; William E. Brady, Deborah Brady, individually and as next friends to Landon Brady, minor child; and Similarly Situated Current Students or Potential School Age Students Residing on the Randolph County Side of the Bennett School Attendance Zone as Defined by S.B. 233 of the Sessions Laws of 1979, Plaintiffs v. CHATHAM COUNTY BOARD OF EDUCATION and Superintendent Ann Hart, in her official capacity, Defendants.

Court of Appeals of North Carolina.

November 20, 2007.


Attorney(s) appearing for the Case

Stacey B. Bawtinhimer, Ayden, for plaintiffs-appellants.

Tharrington Smith, L.L.P., by Kenneth A. Soo and Christine T. Scheef, Raleigh, for defendants-appellees.


WYNN, Judge.

Under North Carolina law, students residing in one county may attend the public schools of another county only if they are released by their home school board, accepted by the other school board, and pay whatever tuition is required by that school board for out-of-county students.1 Here, the plaintiffs, who reside in Randolph County, contend their children should be allowed to attend schools close to their homes but located...

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