Francine Delany New School for Children, Inc. v. Asheville City Board of Education

BRYANT, Judge.

This appeal arises out of the interpretation of statutes that provide public and charter schools with local funding.

I. Background

Plaintiff, Francine Delany New School for Children, Inc. [Delany School], is a charter school operating within the Asheville City Schools Administrative Unit. Defendant, Asheville City Board of Education [Board], operates public schools also within the Asheville City Schools Administrative Unit.

Charter schools are public schools. N.C.G.S. § 115C-238.29E(a) (2001). As such, they are eligible for state and local funding. Section 115C-238.29H(b) provides…