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CMS Asks Judge To Dismiss Parents' Lawsuit Demanding In-Person Classes

empty classroom

Attorneys for the Charlotte-Mecklenburg school board asked a judge Friday to dismiss a lawsuit filed by parents seeking a return to in-person classes.

Five CMS parents sued the district in early September after the school board voted to begin the school year in full-remote mode. The parents said the suspension of in-person classes denies their children the right to a sound, basic education. They asked a judge to issue an injunction forcing CMS to restore in-person classes quickly.

That didn’t happen, and four months later the case is still working its way through court.

In a hearing Friday the lawyers for CMS argued that the parents have not shown they have legal standing — and that the suit should be filed against Gov. Roy Cooper, who authorized school districts to use remote learning during the pandemic.

Since the suit was filed, CMS brought some students back for in-person classes — then went back into full-remote again to see whether the winter break would create a COVID-19 surge. Students were scheduled to return next week, but the board pushed that back to mid-February at the urging of the county health director.

An attorney for the parents urged the judge to allow their suit to move forward. The judge issued no decision and didn’t say when to expect one.

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