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Constitutional Right To An Education Is At Center Of Court Of Appeals Case

Constitutional Right To An Education Is At Center Of Court Of Appeals Case

A case going before North Carolina's Court of Appeals next week focuses on whether all students have a fundamental right to an education. The case centers on a student who was suspended for several months and was denied access from other schools.


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A right to an education is at the center of a lawsuit involving a Beaufort County student who got kicked out of school.

School officials suspended Viktoria King after a fight at Southside High School in January of 2008.

There were several fights at the school that day.

The school board extended King’s original 10-day suspension until the end of the school year.

King's mother tried to enroll her in other schools, but they refused to take her.

She took the matter to Beaufort County Superior Court where a judge dismissed the case.

Now, the case will go to North Carolina’s Court of Appeals next week.



King’s lawyers argue that North Carolina’s Constitution guarantees a fundamental right to an education regardless of whether a student is on an extended suspension.

A brief filed by the school district maintains local school boards have no legal responsibility to provide an alternative school option for suspended students.

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