MECKLENBURG COUNTY, N.C. — A North Carolina judge has dismissed a lawsuit filed by parents in Charlotte-Mecklenburg Schools who want in-person learning for their students over virtual classrooms.
Parents filed the lawsuit in September, arguing the all-virtual learning plan that students were on violated the state constitution.
They also argued that remote learning is particularly difficult for special education students and those without home computers.
Superior Court Judge Karen Eady-Williams ruled Friday that the parents failed the show how such learning hurt their children’s education.
In a statement from the lawyer who represented the parents, he said they are disappointed because they believed the lawsuit was the way to hold CMS and the North Carolina Association of Educators accountable.
“My clients are very disappointed at the outcome as they believe that the lawsuit was the only means that the parents of Mecklenburg County had of holding CMS and the NCAE accountable for their actions. They are currently considering whether to refile the claims that were dismissed by the judge without prejudice, but haven’t reached a decision yet. A challenge with refiling is the judge’s requirement that individual students be named as plaintiffs with specific harm alleged. Obviously, very few parents would be willing to expose their children to that kind of public scrutiny, particularly in the current social media environment.”
CMS students returned to in-person learning on a limited basis last month.
The lawsuit made some serious claims, including that CMS didn’t sufficiently look at the option of bringing kids to school for in-person instruction and that CMS refused to properly evaluate their virtual instruction capabilities.
In the 22-page lawsuit, the parents also claimed that CMS failed students, parents and teachers in a number of ways. They include a failure to sufficiently prepare for this school year, a failure to consider expert medical advice on COVID-19 related to children and a failure to consider the risks of virtual learning.
The lawsuit also claimed that as CMS was making plans for a mix of virtual and in-person learning, the North Carolina Association of Educators influenced the school board and Superintendent Earnest Winston.
“NCAE organized a campaign to improperly influence and intimidate board members and Mr. Winston into issuing the Suspension of Active Instruction,” the lawsuit reads.
The suit also highlighted a digital divide created by virtual learning, saying it “harms students and, in particular, socioeconomically disadvantaged and minority students.”
The lawsuit brought up medical advice against virtual learning, claiming it “poses child safety concerns” and the idea that “child abuse goes unreported by teachers who aren’t seeing students in person.”
The parents said they filed the lawsuit because they want as much in-person learning as possible under Gov. Roy Cooper’s orders.
Channel 9 contacted both CMS and the NCAE about the lawsuit.
CMS responded, but at this time would only say that the district hasn’t been formally served the lawsuit.
An NCAE spokesperson sent Channel 9 the following statement:
“We are still reviewing the allegations in the complaint, but we believe the claims are meritless and we are confident that we have not violated any state or federal law. We intend to vigorously defend the Association and our members from these frivolous and politically-motivated claims.”
The Associated Press contributed to this report.
Cox Media Group
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