Abbreviated name: State Board of Education v. State

Court assigned case numbers: Wake County 14 CVS 014791 

All defendants: State of North Carolina, North Carolina Rules Review Commission 

General description

The State Board of Education filed a complaint to seek a judicial determination of whether the State Board is subject to the rule-making process established by the General Assembly for state agencies. This process establishes certain standards for rules and requires a review by the Rules Review Commission. The State Board’s primary assertion is that as a constitutional body, it is not subject to review by an administrative body and that by the language of the constitution, it is only subject to laws enacted by the General Assembly (N.C. Constitution, Article IX, Section 5).

Latest action/Next steps

The State Board filed its complaint on November 6, 2014. The State responded with a motion to dismiss the complaint on January 12, 2015. 

Motions were heard on Monday, June 29, 2015, in Wake County Civil Superior Court by Judge Gessner. 

Judge Gessner’s order was served on July 14, 2015.

Court documents

State Board of Ed v State Complaint

PLDG-Defendants’ Motion to Dismiss Plaintiff’s Verified Complaint

Plaintiff State Board of Ed Memorandum of Law

Defendant’s Brief on Motion to Dismiss and Summary Judgment

Order