Tuesday, June 5, 2012
Court of Appeals reverses student's expulsion due to school board error
The Fourth District Court of Appeals this week has reversed a school board's decision to expel a student because the school board failed hold a hearing within the time limits contained in R.C. 3313.66(B)(6), among other reasons. In November 2009, a student allegedly attacked another student. The Superintendent notified the student that she may be expelled and subsequently held a hearing at the student's request, but did so outside the time frame provided in the Ohio Revised Code. Nonetheless, the Superintendent and School Board decided to expel the student. Because the hearing in front of the Superintendent took place outside the statutory time frame, and for other reasons, the trial court reversed the decision of the school board and ruled that the student must be reinstated. The appeals court upheld the decision of the trial court. This case highlights the importance that parents and students be cognizant about both procedural and substantive rights that they have when dealing with a public school disciplinary issue, and would be well advised to seek counsel as soon as practical.