Rainey v. North Carolina Department of Public Instruction

In reversing the trial court’s judgment and order that petitionerappellee, Madeline Davis Tucker, did not qualify for a twelve percent salary increase under North Carolina’s National Board for Professional Teaching Standards program, the Court of Appeals determined, inter alia, that the trial court erred in applying the de novo standard of review mandated by N.C.G.S. § 150B-51(c). We reverse and remand to the Court of Appeals for reconsideration.

N.C.G.S. § 150B-51(c), added to the North Carolina Administrative Procedure Act (“APA”) by our legislature in 2000, mandates that in cases in which…