Rainey v. North Carolina Department of Public Instruction

ELMORE, Judge.

On 9 November 2007, the North Carolina Supreme Court published an opinion reversing this Court’s opinion in Rainey v. N.C. Dep’t of Pub. Instruction, 181 N.C. App. 666, 640 S.E.2d 790 (2007) (Rainey I). Subsequently we filed an order stating that we would reconsider the case as directed by the opinion of the Supreme Court without additional briefs or oral arguments. We have reconsidered the case as directed and, except as herein modified, the opinion we filed on 20 February 2007 remains in full force and effect.

In Rainey I, we reversed a superior court order affirming a Final…