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Written by Western Regional Manager, Jonathan Perry

In the early afternoon of Thursday, September 26th, Meredith Childress watched the Cane River expectantly from her home in Burnsville. It had been raining for two straight days and the river was high. Her boyfriend worked in Asheville and called her anxiously. “They’re saying that it’s going to get bad, Meredith. They’re saying that if you live near a river or creek, you should leave now.” This was before Helene had even arrived in the area.

Meredith had lived in her idyllic farmhouse for four and a half years. She had scraped together the $4,000.00 for a down payment, and in April 2020, at the beginning of the pandemic, she had secured a loan from Fannie Mae through their first-time buyer program. When she signed the closing documents, she wore a mask, and the paperwork was slid across a legal conference table from 6 feet away. Built in 1940 her 3-bedroom, 1-bathroom farmhouse was in rough shape. During the ensuing stay-at-home period of the pandemic, she poured sweat equity into the home, sanding, trim work, painting, she laid a new bathroom floor, changed out all ceiling fans, lights and electrical outlets and redid the bathroom.Slowly, the house started to feel like home. She planted a garden in her backyard and let her free-range chickens run loose in the field. Sunflowers grew tall in the summer months, and by Christmas 2023, the home looked very closely to what she had originally envisioned.

By 4:00 PM on the 26th, the river was brimming, four or five feet higher than usual. Meredith’s boyfriend came back from Asheville and brought her a generator, still thinking that they would ride out the storm. She had a decision to make; the first thing to flood was going to be the low-lying culvert and driveway. Once that happened, they would be trapped. They put Meredith’s two cats and some essentials in her car and left for her mother’s rental cabin in another part of the county. The tenant in the stone house next door chose not to flee, but many residents of the RV commune down the street did leave. The elder operator of the commune stayed, along with her son and one or two animals.

Throughout Thursday night and into Friday morning, Meredith monitored the cameras on the home property from the safety of the rental cabin. She knew it was bad once she saw water creeping toward the home, but once the power went out, she longer knew.

Years earlier, Meredith worked part time at the Yancey County Library. From her own research she knew the history of flooding in the immediate area. For context, the 1916 flood brought 15-20 inches of rain over a six-day period. Generally considered a 1,000-year flood, it was the benchmark for flooding in the area. The 1977 flood brought 11 inches in two days. That storm reached the bottom of Meredith’s house. Locals called it a 100-year flood. Hurricane Helene brought a total of 31 inches of rain in four days. Some have called it a 100,000-year flood. Most that I encountered in the mountains used the term “biblical”.

After the storm left the area, Meredith waited to return. Between the trees down and roads missing, it was impossible to drive back to the property. Normally, it would be a 12-minute drive from her mom’s rental. It took her 4 days to get back. On the highway, they were dumbfounded. “It looks like a nuclear bomb went off”, she kept telling her boyfriend. Whole chunks of the road were missing. Some portions of the asphalt were in the river. Cars were in trees. They had just turned slowly onto the road near their home when saw their neighbor driving in the opposite direction and flagged him down. Billy Ray was frazzled, a distant look in his eyes. “Meredith, your house is gone.”

When they arrived back, all they saw was part of their foundation and steps. A record lay on the topmost step. Some personal belongings were here or there. Everything else was gone. Meredith just stood there looking. It was all gone.

In the following days, she has learned what had happened to her home and community. The river rose until only her roof was above the water. When the RV commune flooded, one RV floated to their home. The operator of the commune took a picture, which has since gone viral. It’s not clear if the RV tore it down, or if the neighbors dump truck floated down and finished the job. The tenant in the stone house next door had to be rescued by emergency management during the flooding.

When I met Meredith, it was about a week and half after the destruction. She was the kindest client, but clearly still in shock from the event. She had received some money from FEMA but no longer had a home nor had the desire to rebuild. I asked her about flood insurance. She had made ends meet but could not afford the $800.00 amount required. Her monthly mortgage payment was $682.00. There was no way she could pay that amount for insurance. We talked a lot about financial planning, advised about flood insurance and FEMA regulations, but like so many in the early days of Helene relief, people just wanted to talk, to be heard.

Meredith is now on the hook for the remaining $45,000 of the mortgage. With the assistance of Alicia Edwards and the Disaster Relief Team, they are negotiating with the mortgage company for either a short payoff or some other means of getting out of the mortgage.

The thing that strikes me about Meredith, a virtue that we see over and over in the folks in the mountains, is her insistence on positivity and gratitude. In all our conversations, in all our meetings, she has yet to complain. She has lost nearly every worldly possession, but she counts herself to be lucky. She told me that she was one of the fortunate ones. “It’s only a house,” she told me. “We didn’t have anyone die in our neighborhood.”

Category: Uncategorized

To our North Carolina community, 

As we navigate the challenging aftermath of Hurricane Helene, Legal Aid of North Carolina stands united with our neighbors in this time of need. We understand that the impact of this storm has been devastating, particularly in Western North Carolina, where many of us as well as our friends and families are experiencing significant loss. Our hearts are heavy for those affected, including our staff and local offices who are also feeling the effects of this disaster. Together, we share in the grief and uncertainty, and we are committed to being here for you as we all work towards recovery. 

Legal Aid of North Carolina and our Disaster Relief Project are ready to assist individuals and families across North Carolina. Our services will focus on several key areas of support: 

  • FEMA Applications and Appeals: We are here to assist those affected by disasters in navigating the process of applying for FEMA disaster benefits. Our team will stand by your side throughout any necessary appeals. Understanding the legal processes and required documents for eligibility—whether for temporary housing, loans for repairs, or other essential needs—can be challenging at any time, but it is especially difficult during an immediate crisis. 
  • Long-Term Support for Homeowners and Renters: Whether you’re a homeowner facing property damage or a renter dealing with displacement, our team is here to provide ongoing legal support as you work to rebuild and recover. 
  • Assistance for Long-Term Recovery Groups: Recovery after a disaster requires coordinated community efforts. Legal Aid of North Carolina is dedicated to supporting long-term recovery groups by guiding them in forming 501(c)(3) nonprofit organizations and providing general legal support to help navigate the complex disaster relief landscape. 
  • Fraud Support: In times of crisis, there are those who seek to exploit vulnerable communities. We will stand with victims of fraud, helping them navigate the legal landscape and take action against dishonest practices. 

Once it is safe to travel, our team will promptly deploy to Western North Carolina to provide immediate assistance and relief to the hardest-hit areas, ensuring that no community faces this disaster alone. 

Together, we will recover, rebuild, and restore our communities. If you or someone you know is in need of assistance, we encourage you to reach out to Legal Aid of North Carolina for support. We are here for you. 

To learn more about how you can get help, please visit legalaidnc.org/tropical-storm-helene-disaster-assistance

Sincerely, 
Legal Aid of North Carolina 

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Summary

Legal Aid of North Carolina’s Right to Education Project recently filed a complaint on behalf of a middle school student and their parent against The Experiential School of Greensboro (TESG), a Guilford County charter school. The complaint targets the school’s alleged violations of its charter agreement, policies and/or procedures and provision of state law.  

Crystal S. Ingram, staff attorney with REP, assisted Isaiah* and parent K.O.* with filing the complaint with the North Carolina Department of Public Instruction’s Office of Charter Schools (OCS).   

“TESG tells students, families, and other stakeholders, “expulsions and suspensions do more harm than good for students and society,” and declared in its charter school application that “it would not, except under extreme circumstances, expel or suspend students,” said Ingram. “Yet, in this case, TESG strayed heavily from those principles with an obvious disregard for the educational and emotional impact it would have on this student and his family. As such, there must be accountability for divergence from its founding principles and its advertised practices. Students at TESG deserve to be given the education their parents were promised they would receive.” 

During the Fall of 2022, Isaiah* edited a popular image they found online by placing their teacher’s face over the image and was placed on a five-day short-term suspension for allegedly violating the school’s acceptable internet use policy. Later in the year, Isaiah was suspended short-term once again, this time for a three-day term, for allegedly violating the school’s aggressive behavior policy.  

The short-term suspensions are being challenged on the claim that the alleged incidents do not meet the Code of Student Conduct requirements to impose these suspensions and these suspensions were in violation of state law. Notably, the first five-day suspension was not authorized under the Student Code of Conduct, nor was an adequate informal hearing given to allow the client a chance to defend against the allegations.   

During the suspensions, TESG allegedly failed to provide information to the clients about missed assignments and updated grades.  

“Despite a mental health state of emergency in North Carolina, schools like The Experiential School of Greensboro (TESG) continue to ignore research and circumvent their own written policies,” Isaiah’s mother said, “This is causing our children and our community immense harm. TESG asked the state of NC for funding in 2016 in exchange for providing an education that would remain committed to creating “an inclusive, open, experience-based learning environment that promotes the development of socially-aware citizens who are creative problem solvers and critical thinkers.”  Their divergence from this commitment with my son’s education is not only astounding; unfortunately, it supports the relentless practice of funneling children like my son down the school-to-prison pipeline with an unjust swiftness and with zero mercy. “ 

Proposed resolutions to the violations include expunging the suspensions from Isaiah’s education and discipline records, as well as recoding the suspensions as mental health days. In addition, the resolutions would require training for the school’s board members, administrators, faculty and staff on Peaceful Schools and Restorative Justice practices and conflict resolution. There is also a proposal which would require TESG to revise their Handbook and Student Code of Conduct to show their divergence from Peaceful School protocols, report on all suspensions quarterly to OCS, and remedy other violations in the complaint as is suggested by an OCS investigation.  

Although the complaint filed was not investigated due to capacity issues and internal regulations, the Office of Charter Schools still allows parents to submit concerns about a charter school which can be added to the school’s file by emailing the concerns to StakeholderSupport@dpi.nc.gov and including the name of the school in the title of the email containing the parent’s concerns. More information can be found by visiting: https://tinyurl.com/nccharterschoolconcerns.

* Name changed for client confidentiality  

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The incidence of human trafficking is on the rise in our state. With no income to speak of in Mexico, Ariana met people who promised to transport her to the United States where she could find work. Instead, they sold her to a brothel in a town on the U.S.-Mexican border. After being sexually assaulted and beaten on multiple occasions over a period of several weeks, the brothel owners brought her to the United States, where she was forced to cook and clean for a woman involved in a trafficking ring. Other women in the house were forced to prostitute themselves. The traffickers called Ariana’s family members and threatened to harm her in an attempt to extort money. Ariana escaped, made contact with family members, and reported the traffickers to federal investigators.  

Several months later, thanks to the investigation initiated after Ariana’s testimony, the trafficking operation was raided. Authorities discovered a number of other undocumented people being held against their will. Our client’s continued cooperation in the prosecution of the traffickers led to several convictions. Ariana’s complete cooperation in the investigation and prosecution, in spite of the danger to her personal safety and the extreme emotional trauma she experienced, entitled her to a T visa. These visas allow human trafficking victims to live and work in the United States and provide a path to permanent resident status.

Thanks to Legal Aid NC’s continued advocacy on behalf of Ariana and her family, she was recently reunited with her young daughter, whom she had left in Mexico. The reunification was particularly poignant, because Ariana’s original motivation for coming to the United States was being able to afford her daughter’s schooling—an opportunity that Ariana herself had never had. 

To learn more about our impact:

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Legal Aid of North Carolina is a civil non-profit law firm dedicated to providing equal justice to North Carolina residents who are experiencing poverty and marginalization. The Legal Aid NC team is diverse and our culture is inclusive. Our aim is to not only provide our clients with legal help but empowerment. To ensure equal access to justice for all, we respect backgrounds, honor heritage and view what makes us different as assets. We invite you to do the same.

November Celebrations

National Native American Heritage Month

National Veterans and Military Families Month

November 11 – Veterans Day

International Transgender Awareness Month

November 13 – 19 Transgender Awareness Week

November 20 – International Transgender Day of Remembrance

November 25 – Thanksgiving (U.S.)

November 28 – December 6- Hanukkah

December Celebrations

December 1 – World Aids Day

December 1- Rosa Parks Day

December 2 – International Day for the Abolition of Slavery

December 3 – International Day of Persons with Disabilities

December 10 – Human Rights Day

December 25 – Christmas (U.S.)

December 26 – January 1 – Kwanzaa

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Raleigh, N.C. – In partnership with Advance Community Health, the NC Navigator Consortium is hosting a free enrollment event this Saturday, Nov. 12, 2022, from 9 a.m. – 4 p.m. at Advance Community Health’s Raleigh location, 1001-1011 Rock Quarry Rd. Raleigh, NC 27610. The Consortium is welcoming both pre-scheduled appointments and walk-ins for Triangle residents to get free assistance exploring and enrolling in health coverage options at healthcare.gov.

The Consortium is excited to be able to help Triangle residents access quality, affordable health coverage with increased Marketplace subsidies made available through the passage of the Inflation Reduction Act.

Open Enrollment for HealthCare.gov Marketplace coverage will not end until Jan. 15, 2023, but those who need coverage starting Jan. 1, 2023, will need to apply by Dec. 15, 2022. The NC Navigator Consortium’s federally qualified health insurance Navigators are available by free appointments (by phone, in person or virtually) to provide local help to consumers needing to apply for or update their Marketplace coverage. Appointments may be scheduled online by calling 1-855-733-3711 or online at ncnavigator.net.

“The service we provide is even more critical now the family glitch has been fixed, making millions more eligible for coverage on the HealthCare.gov Marketplace,” said Mark Van Arnam, director of the NC Navigator Consortium, who added that coverage has never been more affordable. “Thanks to tax credits and subsidies made possible by the Inflation Reduction Act, four out of five enrollees are getting covered for $10 or less.”

The NC Navigator Consortium connects consumers to qualified health plans that provide essential health benefits and preventive care, in addition to mental health care, ER care and maternity coverage, not limited by caps or pre-existing conditions. Health insurance Navigators help North Carolinians maximize their coverage by:

  • Taking time with them to help avoid mistakes
  • Showing all options, ensuring their providers are in-network
  • Explaining terminology and processes, increasing health insurance literacy
  • Assisting them with estimating their income for the year ahead, one of the most difficult parts of the HealthCare.gov application process

The NC Navigator Consortium is the only federally funded entity of its kind in North Carolina, supported in part by the Centers for Medicare & Medicaid Services. Learn more at NCNavigator.net, and follow on FacebookTwitter and Instagram. Members of the Consortium are Access EastCharlotte Center for Legal AdvocacyCouncil on Aging of Buncombe CountyCumberland HealthNETHealthCare AccessHealthNet GastonKintegra HealthNC FIELD and Pisgah Legal Services. The Consortium is led by Legal Aid of North Carolina

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on FacebookTwitterInstagramLinkedIn and YouTube

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The project described was supported by Funding Opportunity number NAVCA210405-02-00 from the Centers for Medicare and Medicaid Services. The contents provided are solely the responsibility of the authors and do not necessarily represent the official views of HHS or any of its agencies.

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They aren’t called man’s best friend for nothing. Much more than mere companions, dogs have long been integral partners in some of humankind’s most important activities, from raising livestock to enforcing the law. For people with disabilities, service dogs can be a literal lifeline, helping them live and work in ways they otherwise couldn’t.

Unfortunately, the role of service dogs isn’t always understood, and their presence isn’t always appreciated. In 2013, attorneys in our Wilmington office came to the defense of a disabled military veteran whose landlord threatened to evict him for having a service dog. Thankfully, our advocates could rely on a powerful law to make their case for our client: the federal Fair Housing Act, which was passed in 1968 as part of the Civil Rights Act.

In part, the law defines unlawful discrimination as the refusal of a landlord to make “reasonable accommodations in rules”—in this case, a ban on pets—for people with disabilities. With this clear-cut language on their side, our attorneys were able to convince the landlord that allowing our client to stay in his home, with his service dog, was a reasonable accommodation he was required to make under federal law.