Legal Affairs

Mission

To provide legal support to the State Board of Education and the Department of Public Instruction that enables decision makers to act based upon sound understanding of the legal issues involved.

The office also provides information in response to questions from agency staff, other government agencies, local school officials, and the public. However, the office cannot provide legal advice to members of the public. The ethical standards of the North Carolina State Bar require that legal advice be given only in an attorney-client relationship. Therefore, as State Board of Education employees, we provide legal advice solely to the State Board and the Department staff regarding official business.

Agent for Service of Process

Allison Schafer, SBE Attorney

Tab/Accordion Item

Approved by the State Board of Education September 1, 2022

Kim Church
Attorney at Law
Raleigh, NC

Phillip R. Dixon
Dixon Law Group, PLLC
Greenville, NC

Arnita M. Dula
Attorney at Law
Hickory, NC

Cynthia Grady
Attorney at Law
Cary, NC

Carl Horn, III
Law Offices of Carl Horn, III, PLLC
Charlotte, NC

David R. Hostetler
Lexis School Law Services
Durham, NC

J. Dickson Phillips, III
Robinson, Bradshaw & Hinson
Chapel Hill, NC 27517

Kenneth Soo
Attorney at Law
Raleigh, NC

Professional Discipline

This office handles complaints concerning professional discipline - that is, conduct that could lead to the suspension or revocation of an educator's professional license. The grounds for disciplinary action are contained in 16 NCAC 06C .0372 - .0376 of the Official North Carolina Administrative Code.

Whenever the State Board or its staff denies issuance of a license or suspends or revokes a license, it reports that action to the National Association of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse so that other states may be aware of the action. State Board staff also maintains a list of disciplinary actions taken against professional educators.

Teacher Dismissal

Due Process
N.C. Gen. Stat. ß 115C-325 specifies the reasons for which career teachers may be dismissed and the procedures that must be followed in a dismissal. These reasons and procedures also apply to the dismissal of a probationary teacher during the school year and to a contract administrator during the term of the contract. The employee has the right to a hearing before a case manager, or may request an immediate hearing before the school board.

The process for dismissing employees under N.C. Gen. Stat. ß 115C-325 involves a number of specific timelines that personnel offices and superintendents must be aware of.

List of Dismissed Teachers
N.C. Gen. Stat. § 115C-333(d) requires school boards to notify the State Board of Education of each employee it dismisses under N.C. Gen. Stat. ß 115C-325 for any reason other than reduction in force. Local boards must also send copies of dismissal letter(s) to the Legal Affairs Office of the State Board. The State Board is required to make these names available to school systems, which the State Board accomplishes via a secure Internet site. School boards normally perform this requirement through their personnel offices. Authorized personnel are able to submit dismissal information online to the State Board of Education and to access the list of dismissed teachers. Access to the site requires a user name and password obtained through the local HRMS administrator.