In 2009 the North Carolina Court of Appeals ruled that the state constitution does not require a school district to provide alternative education to a student who had been given a long-term suspension. The student at Southside High School in Beaufort County had been suspended for a semester for her part in a fight. The court found that she does not have the fundamental right to an education.
Late in 2008, the state court of appeals struck down as “unconstitutionally vague” portions of Durham Public Schools’ “anti-gang” policy, including a ban on wearing certain kinds of clothing, jewelry, or symbols or using certain gestures that “may be evidence of membership or affiliation in any gang.” The case was remanded for further proceedings.
FREEDOM OF RELIGION - DRESS CODE
In 2000, a nine-year-old public school student at Mclver Elementary School in Halifax was allowed to return to school after a suspension. He had refused to wear the school uniform because it conflicted with his family's religious beliefs. In a settlement between the ACLU and school officials the school finally allowed the student a religious exemption and is going to amend the school uniform policy. The school also agreed to pay the cost of the student's education while he was suspended.