Court hears motions in students’ lawsuits

Published 12:57 am Sunday, March 20, 2011

Superior Court Judge William R. Pittman is scheduled to hear motions Monday in a students-suspension case the N.C. Supreme Court remanded to Beaufort County Superior Court.

Pittman will be presiding over a civil-court session, which is slated to begin at 10 a.m. Monday at the Beaufort County Courthouse.

Viktoria King and Jessica Hardy, who filed lawsuits challenging their long-term suspensions from Southside High School after a brawl two years ago, have filed motions č through their attorneys – seeking permission to further amplify their amended complaints.

Monday’s hearing is a “procedural matter” that serves as a prelude to the case being heard again in Superior Court, according to Erwin Byrd, one of the girls’ attorneys who works with Legal Aid of North Carolina’s Advocates for Children’s Services.

Byrd, in an interview in January, said the Beaufort County Board of Education, through its attorneys, is opposing the plaintiffs’ motions to amend their complaints.

The school board’s attorneys are Curtis H. “Trey” Allen III and Robert M. Kennedy with the Tharrington Smith law firm in Raleigh.

In December 2010, King and Hardy’s attorneys filed documents asking the court to declare that N.C. General Statute 115C-391(c) is “unconstitutional to the extent it authorized the complete denial of educational services during a period of long-term suspension in the absence of an articulated reason that satisfies intermediate judicial scrutiny.”

King and Hardy also ask the court to do the following:

  • find that the defendants (Beaufort County Board of Education and Jeff Moss, who was superintendent of Beaufort County Schools at the time King and Hardy were suspended) violated King and Hardy’s statutory right to alternative educational services during their long-term suspensions;
  • find that the defendants violated King and Hardy’s constitutional right to public education when it excluded them from all public educational services during their long-term suspensions and did not have a constitutionally adequate reason for such exclusion;
  • find that the defendants violated King and Hardy’s constitutional right to due process when it failed to articulate any reason for depriving them of alternative educational services during their suspensions;
  • award King and Hardy each compensatory damages in the excess of $10,000;
  • award attorneys’ fees;
  • award additional relief as the court deems just and proper.

King and Hardy were sophomore students when a brawl resulted in sheriff’s deputies handcuffing and briefly detaining about a dozen students. Hardy and King were suspended from school for the rest of the semester and informed they could not attend Beaufort County’s alternative school for troubled students.

In their original complaints, the girls’ attorneys argued that move on the part of Beaufort County Schools violated the girls’ right to a public education. In 1997, the N.C. Supreme Court ruled in a school-funding case that the North Carolina Constitution gives each child a right to a ‘‘sound basic education.’’

In October 2010, the state’s high court ruled the North Carolina Constitution guarantees children an opportunity for a basic education, but it doesn’t require alternative schooling for students suspended for bad behavior. Although local school boards are required by state law to establish at least one alternative learning program for students serving long-term suspensions, school administrators are not required to accommodate every suspended student, the state’s high court ruled.

The court also ruled school administrators must explain why they denied a suspended student any alternatives, sending the case back to lower courts for further action.

About Mike Voss

Mike Voss is the contributing editor at the Washington Daily News. He has a daughter and four grandchildren. Except for nearly six years he worked at the Free Lance-Star in Fredericksburg, Va., in the early to mid-1990s, he has been at the Daily News since April 1986.
Journalism awards:
• Pulitzer Prize for Meritorious Public Service, 1990.
• Society of Professional Journalists: Sigma Delta Chi Award, Bronze Medallion.
• Associated Press Managing Editors’ Public Service Award.
• Investigative Reporters & Editors’ Award.
• North Carolina Press Association, First Place, Public Service Award, 1989.
• North Carolina Press Association, Second Place, Investigative Reporting, 1990.
All those were for the articles he and Betty Gray wrote about the city’s contaminated water system in 1989-1990.
• North Carolina Press Association, First Place, Investigative Reporting, 1991.
• North Carolina Press Association, Third Place, General News Reporting, 2005.
• North Carolina Press Association, Second Place, Lighter Columns, 2006.
Recently learned he will receive another award.
• North Carolina Press Association, First Place, Lighter Columns, 2010.
4. Lectured at or served on seminar panels at journalism schools at UNC-Chapel Hill, University of Maryland, Columbia University, Mary Washington University and Francis Marion University.

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