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RAINEY v. N.C. DEPT. OF PUBLIC INSTRUCTION

No. COA05-1609.

640 S.E.2d 790 (2007)

Alice Bins RAINEY, Michele R. Rotosky and Madeline Davis Tucker, Petitioners-Appellants, v. NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION and State Board of Education, Respondents-Appellees.

Court of Appeals of North Carolina.

February 20, 2007.

Attorney(s) appearing for the Case

Poyner & Spruill LLP, by Thomas R. West and Pamela A. Scott, Raleigh, for Petitioners-Appellants Madeline Davis Tucker.

Attorney General Roy Cooper, by Assistant Attorney General Laura E. Crumpler, for Respondents-Appellees.

ELMORE, Judge.

At issue in this case is whether Madeline Davis Tucker (petitioner) qualifies for a twelve percent salary increase under North Carolina's National Board for Professional Teaching Standards program. We find that petitioner meets the requirements set out in N.C. Gen.Stat. § 115C-296.2(b) and therefore, we reverse the trial court's judgment.

The National Board for Professional Teaching Standards (the National Board or NBPTS) is a nonprofit...

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