Hughey v. Cloninger

253 S.E.2d 898, 297 N.C. 86, 1979 N.C. LEXIS 1141
CourtSupreme Court of North Carolina
DecidedApril 20, 1979
Docket4
StatusPublished
Cited by20 cases

This text of 253 S.E.2d 898 (Hughey v. Cloninger) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughey v. Cloninger, 253 S.E.2d 898, 297 N.C. 86, 1979 N.C. LEXIS 1141 (N.C. 1979).

Opinions

HUSKINS, Justice.

This appeal challenges the legality of an appropriation made by the Gaston County Board of Commissioners to the Dyslexia School of North Carolina, Inc.

It is axiomatic that a county has no power to appropriate funds unless authorized to do so by the General Assembly. The General Assembly determines the purposes for which a county may appropriate funds, which funds shall be utilized, and the manner in which appropriations are to be made. As Justice Bobbitt, later Chief Justice, states in Harris v. Board of Commissioners, 274 N.C. 343, 163 S.E. 2d 387 (1968):

“Counties are creatures of the General Assembly and constituent parts of the State government. They possess only [89]*89such powers and delegated authority as the General Assembly may deem fit to confer upon them.” (Citations omitted.)

Thus, the initial and dispositive question in this appeal is whether there was sufficient statutory authority for the appropriation made by the Gaston County Board of Commissioners to the Dyslexia School of North Carolina, Inc.

The Board of Commissioners contends its appropriation is authorized by G.S. 153A-248(a)(2) which provides:

“(a) A county may appropriate revenues not otherwise limited as to use by law:
* * * *
(2) To a sheltered workshop or other private, non-profit, charitable organization offering work or training activities to the physically or mentally handicapped, and may otherwise assist such an organization.”

Does an appropriation to a school for dyslexic children come within the ambit of a statute authorizing appropriations to sheltered workshops and like institutions which provide work or training for the physically and mentally handicapped? We think not. Our studies, summarized below, have led us to conclude that the sheltered workshop is designed to deal with health problems fundamentally different from those presented by dyslexic children. As a consequence the objectives, organizational structure, and therapeutic philosophy of a sheltered workshop are markedly different from those of a school for dyslexic children.

The objective of a sheltered workshop is to help people handicapped by mental illness or physical disability to “achieve the maximum functioning of which they are capable.” I. Zwerling, Aftercare Systems, in 5 American Handbook of Psychiatry 729 (D. Freedman, J. Dyrud eds. 1975). To accomplish this objective the sheltered workshop provides a working environment similar to that in the real world in which the patient works at a job and receives training in vocational and social skills. The therapeutic philosophy of a sheltered workshop is to rehabilitate the handicapped patients rather than to treat the underlying causes of their physical or mental disability. Treatment “represents a [90]*90direct attack on the disabilities of the patient, while [rehabilitation] represents an effort to identify and exploit the patient’s assets to the end of providing the best possible community role.” Id. Ultimately, it is hoped the rehabilitative program provided by the sheltered workshop will help make “the transition to autonomous community life easier for the patient.” F. Braceland, Rehabilitation, in 5 American Handbook of Psychiatry 695. One of the best known sheltered workshop programs is operated by Goodwill Industries. In 1969 Goodwill Industries “estimated its workshops were servicing about 24,000 people per day and restoring 7000 of them to the labor market.” Id.

“The label ‘dyslexia’ has been overused in recent years. There is, however, a measure of agreement that the term implies the inability to cope with written and printed language in children who have average or better intellectual endowment and whose reading, writing, and spelling performance is considerably below their achievement in non-language-related subjects.” K. de Hirsch, Language Disabilities, in 2 Comprehensive Textbook of Psychiatry — II 2112-2116 (A. Freedman, H. Kaplan, B. Sadock eds. 1975). The objective of a school for dyslexic children is to help such children, who are of normal and above average intelligence, overcome the linguistic difficulties which hamper their academic progress in the fields of reading and writing. To accomplish this objective schools for dyslexic children provide their pupils with special remedial education designed to help them overcome their severe difficulties with language in an academic setting otherwise comparable to regular schools. Ultimately it is hoped the pupils can overcome their reading and writing difficulties to the point where they can return to regular schools. The therapeutic philosophy of these schools is treatment-oriented. Their goal is to turn hopelessly confused pupils into adequate readers and writers by directly attacking the perceptual difficulties which afflict them.

From this discussion it should be apparent that the sheltered workshop and the school for dyslexic children are fundamentally different institutions. The former seeks to rehabilitate patients who are mentally and physically deficient through work and vocational training, while the latter seeks to treat the linguistic difficulties of children of average and above average intelligence in an academic setting. Our studies have convinced us that G.S. [91]*91153A-248(a)(2) cannot be reasonably interpreted to encompass schools for dyslexic children.

Defendants argue that G.S. 153A-248(a)(2) should be liberally construed so as to enable boards of county commissioners to supplement the budgets of private special education facilities when it appears that the public school system cannot adequately provide for the special needs of all its learning disabled children. According to defendants the undisputed and urgent needs of learning disabled children who are not receiving adequate educational opportunities in the public school system amply justify a broad construction of G.S. 153A-248(a)(2).

We recognize that valid and urgent problems are presented in those instances where the public school system cannot adequately provide educational opportunities for all of its learning disabled children. However, since the General Assembly has specifically addressed this problem in other legislation, we find it unnecessary to adopt the broad construction requested by defendant. It is well established that where there are two statutes, one dealing specifically with the matter in issue and the other being in general terms which could conceivably address the matter in question, the specific statute controls. See Utilities Comm. v. Edmisten, Atty. General, 291 N.C. 451, 232 S.E. 2d 184 (1977). G.S. 115-315.7, et seq., in effect at the time the instant appropriation was made, deals specifically with the problems the Gaston County Board of Commissioners sought to remedy through its appropriation to the Dyslexia School of North Carolina.

Following is the statement of legislative policy and purpose declared in G.S. 115-315.7:

“The General Assembly of North Carolina recognizes that in unusual circumstances the public schools of this State cannot provide the necessary training for all of its exceptional children. It is further recognized that, in order for the exceptional child to obtain a proper education, it may become necessary for the child to attend a private or out-of-state institution.

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Hughey v. Cloninger
253 S.E.2d 898 (Supreme Court of North Carolina, 1979)

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Bluebook (online)
253 S.E.2d 898, 297 N.C. 86, 1979 N.C. LEXIS 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughey-v-cloninger-nc-1979.