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HARDY v. BEAUFORT COUNTY BD. OF EDUC.

No. COA09-132.

685 S.E.2d 550 (2009)

Jessica HARDY, a minor, by and through her parent, Gail HARDY, and Viktoria King, a minor, by and through her parent, Revondia Harvey-Barrow, Petitioners-Appellants v. BEAUFORT COUNTY BOARD OF EDUCATION, Respondent-Appellee.

Court of Appeals of North Carolina.

November 17, 2009.

Attorney(s) appearing for the Case

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

Tharrington Smith, L.L.P., by Curtis H. Allen III and Robert M. Kennedy, Jr., Raleigh, for defendant-appellees.

Roberts & Stevens, P.A., by Christopher Z. Campbell, Asheville, on behalf of North Carolina School Boards Association; and North Carolina School Boards Association, by Allison B. Schafer, Raleigh, amicus curiae.

North Carolina Justice Center, by Jack Holtzman, Raleigh, on behalf of Concerned Citizens for the Betterment of Beaufort County Schools, North Carolina Community Advocates for Revitalizing Education, and the North Carolina Justice Center, amici curiae.

CALABRIA, Judge.

I. Background

Jessica Hardy, a minor, by and through her parent, Gail Hardy, and Viktoria King, a minor, by and through her parent, Revondia Harvey-Barrow (collectively "petitioners"), appeal orders dismissing petitioners' declaratory judgment claims pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure and affirming the decision of the Beaufort County School Board ("the Board"). We affirm the trial court.

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