By Kristopher L. Caudle

On July 7, 2020, several states and boards of education around the country filed a federal lawsuit in the Northern District of California challenging the U.S. Department of Education’s (“Department”) new Interim Final Rule (34 C.F.R. § 76.665) governing distribution of funds provided by Congress under the Coronavirus Aid, Relief and Economic Security Act (“CARES” Act).[1]

The CARES Act was enacted in March of 2020 to, among other things, provide emergency relief to states and local government entities, including Local Education Agencies (“LEAs”) impacted by the COVID-19 pandemic. The CARES Act requires that LEAs receiving funds under the CARES Act provide equitable services “in the same manner” as provided under section 1117 of the Elementary and Secondary Education Act (“ESEA”).[2]

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By Brian Gwyn

The Legislative Analysis Division of the General Assembly has now published its annual Summaries of Substantive Ratified Legislation for 2019. This publication includes:

by subject area, summaries for the final edition of all substantive legislation of general applicability and certain local legislation having general import. The summaries are prepared by the nonpartisan legislative staff and do not constitute an official statement of legislative intent.

The summaries include session laws as well as ratified legislation. Chaptered session laws (i.e. SL 2019-51) have the force of law, but if the bill was only ratified, that means it passed both chambers of the General Assembly but did not receive approval of the Governor (and the Governor’s veto was not overridden).

Summaries can be viewed individually or together by subject area.

A link to the summaries specifically related to education may be found here.

By Brian Gwyn

This session, the General Assembly passed several bills that that will impact K-12 education. Here are some of the highlights:

• S.L. 2019-71 (SB 219) (Modify Teacher Licensing Requirements)
• S.L. 2019-110 (SB 399) (Rehire High-Need Teachers)
• S.L. 2019-154 (HB 362) (15-point Scale for School Performance)
• S.L. 2019-212 (SB 621) (Testing Reduction Act of 2019)
• S.L. 2019-222 (HB 75) (School Safety Funds, Programs and Reports)

A brief description of each of these laws is provided below. For more detailed information about each bill, you can go to the bill status page on the General Assembly’s website (see corresponding links). For summaries of the laws, click “View Available Bill Summaries” on the left side of the webpage. Be sure that you are looking at the most current summary under the “Last Updated” column. Please note that even the most current summary may not reflect the final version of the law.

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By Chelsea Sutton

N.C. School Boards Association Assistant Legal Counsel Janine Murphy won the Ann L. Majestic Distinguished Service Award on April 12 from the North Carolina Bar Association’s Education Law Section.

Allison Schafer, NCSBA legal counsel and director of policy, presented Murphy with the award at the section’s annual meeting held at the NC Bar Center in Cary.

“She is a great resource to everyone across the state — superintendents, board members, school attorneys, and to us in the association,” said Schafer, who received the award in 2008.

The Ann L. Majestic Distinguished Service Award honors individuals for their exceptional leadership in education law and is the namesake of a previous recipient who was known in the school law community both locally and nationally.

At NCSBA, Murphy plays a pivotal role in managing policy services and developing legal training, among many other duties. Prior to joining the association in 2007, she had a 22-year stint with the Principals’ Executive Program at her alma mater, the University of North Carolina, which provided executive training to public school administrators.

“I consider myself very fortunate to have been able to contribute to public education in North Carolina by working with school board members and school administrators for the past 30 years,” Murphy said.

The NCBA Education Section proudly presents its annual CLE day on Friday, April 12 in Cary.  This year’s program is entitled “Change: How Cultural and Political Shifting Affects the Practice of Education Law.”  Click here to view the program brochure.

Click here to register.

North Carolina’s social and political environment looks very different than it did a few years ago.  Our students, teachers, professors, administrators, and legislators are all reacting to the new normal.  But how can (or should) education lawyers respond?  Can (or should) we keep doing what we have always done?

Join us on Friday to hear former UNC School of Law Dean Jack Boger give historical context to the current climate surrounding North Carolina’s public schools.  Leverage the expertise of colleagues on topics such as student and teacher walk-outs, escalating school violence, federal rule changes on sex discrimination, and more. We will round out the day by better understanding attorneys’ ethical obligations regarding the balance between impartial advice to clients and active participation on relevant societal issues.  Schwartz and Shaw’s Brian Shaw will then provide his always-popular case law update.

You may register for the program here.  Higher education and school law attorneys alike will benefit from a deeper dive into these fascinating topics.  And you will receive 6.0 hours of CLE credit.