N.C. STATE BD. OF EDUC. v. N.C. LEARNS

No. COA13-179.

751 S.E.2d 625 (2013)

NORTH CAROLINA STATE BOARD OF EDUCATION, Petitioner, and North Carolina School Boards Association, et al., Intervenors, v. NORTH CAROLINA LEARNS, INC., d/b/a North Carolina Virtual Academy, Respondent.

Court of Appeals of North Carolina.

December 3, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorneys General Laura E. Crumpler and Tiffany Y. Lucas , for State Board of Education.

Tharrington Smith, L.L.P, Raleigh, by Deborah R. Stagner ; and Poyner Spruill, LLP, Raleigh, by Edwin M. Speas, Jr. , and Robert F. Orr , for intervenors-appellees.

Hartsell & Williams, P.A., Concord, by Christy E. Wilhelm and Fletcher L. Hartsell, Jr. , for respondent-appellant.

North Carolina Justice Center, North Carolina Rural Education Working Group, and Parents Supporting Parents, by Christine Bischoff and Carlene McNulty ; Advocates for Children's Services of Legal Aid of North Carolina, by Lewis Pitts ; Children's Law Clinic at Duke Law School, by Jane Wettach ; North Carolina Association of Educators, by Ann McColl ; Southern Coalition for Social Justice, by Anita S. Earls ; UNC Center for Civil Rights, by Mark Dorosin ; and UNC Center on Poverty, Work and Opportunity, by Mary Irvine , for amici curiae.


BRYANT, Judge.

The orders of the trial court finding: (I) that petitioner was not required to act on respondent's virtual charter school application before the March 15 deadline; (II) that the Office of Administrative Hearings was not the appropriate forum for hearing respondent's claim; and (III) that the State Board of Education, not the Office of Administrative Hearings, has sole authority to grant or deny respondent's application to operate a virtual charter school...

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