In re Grubb

In In re Grubb, 103 N.C. App. 452, 454, 405 S.E.2d 797, 798 (1991), the Respondent "was talking to another student in a loud and disruptive voice" and refused to stop talking when asked by her teacher. Grubb, 103 N.C. at 452-53, 405 S.E.2d at 797. Instead, Respondent "made a 'smurky' face and shrugged her shoulders." Id. "Other students were distracted by the episode and started looking up from their work" when the Respondent would not stop talking in class. Id. The Court held this was insufficient to show a substantial disruption of the school: The conduct in the case at bar does not approach the conduct in Midgett. . . . Respondent stopped talking after being asked a second time and the class was only momentarily disrupted. This evidence even in the light most favorable to the State was insufficient to establish a violation of Section 14-288.4(a)(6) and respondent's motion to dismiss should have been granted. Grubb, 103 N.C. App. 454-55, 405 S.E.2d at 798-99.