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Education Law

This guide will help you locate resources on education law and focuses on education law-specific resources. Prepared for Professor Lukasik’s Education Law Class, Spring Semester 2022.

General Information

Like its federal counterpart, North Carolina primary sources consist of statutes, caselaw, and administrative rules and regulations. Click on the tabs below for more information about these resources.

The state of North Carolina provides a right to an education through both the state constitution and state laws. You can find the North Carolina State Constitution and the General Statutes of North Carolina both in print in the Law Library and online on Westlaw Edge and Lexis+. You can also find state statutes on the North Carolina General Assembly website. 

The official statutory code of North Carolina is North Carolina General Statutes, Annotated. It is published by Lexis.

The unofficial statutory code of North Carolina is West's North Carolina General Statutes, Annotated. It is published by Thomson Reuters Westlaw.

Both the official and unofficial versions of the North Carolina General Statutes are excellent research tools. Besides the text of the statute, they contain helpful annotations to aid you in your legal research. They also contain both the state and federal constitution. You can find the print version of both resources in the North Carolina Collection on the Law Library's second floor. Keep in mind that the Bluebook requires you to cite to the official version. 

Online versions of both codes can be found on Lexis + (N.C.G.S.) and Westlaw Edge (West's N.C.G.S.A.).


50 State Surveys


Both Westlaw Edge and Lexis+ also have sources that can compare North Carolina statutes on education-related topics with those of other states. Below you will find a list of sources that have these surveys.

You can find North Carolina court opinions on education law in print and online. The Law Library has access to the North Carolina Digest and case reporters in print in the North Carolina Collection on the second floor of the Law Library. You can also use Westlaw Edge and Lexis + to find cases on North Carolina Education Law.


Leandro v. State of North Carolina

In 1994, parents, students and school districts in low-wealth, rural NC counties argued that students in these counties were denied their right to a sound basic education under the NC constitution. In 1997, the Supreme Court of North Carolina’s affirmed every child’s state constitutional right to a sound, basic education beginning in early childhood. 

 

North Carolina state agencies are organized as part of the executive branch of government. State agencies can make rules and regulations that have the force of law, they can resolve disputes through administrative adjudication, and they have the power to enforce their decisions. 

In North Carolina, Article 9 of the North Carolina State Constitution established the State Board of Education (SBE). The SBE sets policy and general procedures for public school systems across the state, including teacher pay and qualifications, course content, testing requirements, and manages state education funds.

The SBE is the head of the Department of Instruction (DPI). The chief officer of the DPI is the State Superintendent. The administrative duties of the state superintendent can be found under N.C.G.S. 115C-21(a)(1)-(5).