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DEMINSKI v. STATE BOARD OF EDUCATION

No. 60A20.

858 S.E.2d 788 (2021)

2021-NCSC-58

Ashley DEMINSKI, as guardian ad litem ON BEHALF OF C.E.D., E.M.D., and K.A.D. v. The STATE BOARD OF EDUCATION and the Pitt County Board of Education.

Supreme Court of North Carolina.

Filed June 11, 2021.

Attorney(s) appearing for the Case

Fox Rothschild LLP, Raleigh, by Troy D. Shelton , Matthew Nis Leerberg , and Ashley Honeycutt Terrazas , for plaintiff-appellant.

Tharrington Smith, LLP, Raleigh, by Deborah R. Stagner , and Poyner Spruill LLP, Raleigh, by Edwin M. Speas, Jr. and Caroline P. Mackie , for defendant-appellee Pitt County Board of Education.

Daniel K. Siegel and Kristi L. Graunke , for ACLU of North Carolina Legal Foundation, amicus curiae.

Lisa Grafstein , Raleigh, and Virginia Fogg , for Disability Rights North Carolina, amicus curiae.

Perry Legal Services, PLLC, by Maria T. Perry , and Lawyers' Committee for Civil Rights Under Law, by Mark Dorosin and Elizabeth Haddix , Pittsboro, for North Carolina Advocates for Justice, amicus curiae.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Elizabeth L. Troutman and Jill R. Wilson , and North Carolina School Boards Association, by Allison Brown Schafer , for North Carolina School Boards Association, amicus curiae.

¶ 1 In this case we consider whether an individual may bring a claim under the North Carolina Constitution for a school board's deliberate indifference to continual student harassment. As alleged, this indifference denied students their constitutionally guaranteed right to the opportunity to receive a sound basic education...

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