The Tenth District Court of Appeals, which covers Columbus and Franklin County, upheld the dismissal of a student's appeal of his expulsion for smoking marijuana prior to attending school.
In that case, the student had been expelled from school for allegedly smoking marijuana before class. The student and his parents appealed the expulsion decision and pursued a hearing on the matter. After the hearing, the school board upheld the expulsion and sent written notice to the student on December 21, 2009.
Thereafter, the student and his parents filed suit on January 20, 2010, appealing the administrative decision of the Board. In dismissing the case, the Court found that the student and his parents had not followed the proper procedure because R.C. 2505.07 requires appeals to be filed within 30 days of the decision, and for the appeal to be filed with the administrative agency, not the court.
Accordingly, the appeal was dismissed and the expulsion stands.
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