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Thursday, August 17, 2006

Ind. Decisions - Franklin school board eyes expulsion appeal process

The Indianapolis Star, in a story by Jon Murray, reports on a 2-1 Court of Appeals decision in early July, Logansport School Corporation v. P.F., and its implications.

Here is the Star's analysis of the opinion, as set out in a side-bar:

• Ruling: The Indiana Court of Appeals ruled 2-1 that school boards must hear all appeals on behalf of expelled students or none.
• Impact on schools: Many boards consider appeals on a case-by-case basis, granting them rarely. They must change their policies.
• Impact on students: Administrators' decisions would stand if a board votes to end appeals, with a court challenge the only recourse.
Here are some quotes from today's story:
The Franklin School Board shortened two high school students' expulsions in March.

The next month, it voted against hearing appeals in two other cases, letting administrators' decisions stand.
Board members have long decided whether to review expulsions on a case-by-case basis.

Now, many Indiana school boards are debating how much recourse expelled students should have after a court recently ruled that such policies violate the law.

The Indiana Court of Appeals' message last month in a case involving Logansport Schools was simple: Boards must hear all appeals requested by expelled students -- or vote not to hear any.

This Court of Appeals opinion and its implications completely slipped under the ILB's radar until now. Here is another Star story, from August 11th, written by longtime Star education reporter Howard Smulevitz. Some quotes:
Students facing expulsion from Washington Township Schools no longer will be able to appeal to the School Board.

The board voted 5-0 Wednesday to hear appeals only from the recommendations of school hearing officers -- leaving students the court system as their only recourse.

School hearing officers consider expulsion cases referred to them by school administrators.

Superintendent James Mervilde said the School Board needed to decide whether it would hear all appeals or none. He said that was the fallout of a court case in Logansport. "They really were supposed to be doing that all this time," Mervilde said of school boards in general. And if they voted to hear an appeal, they were supposed to consider whether the process was proper, and not determine it on the content of the case. But in reality, they did whatever they wanted to."

School Board President Lori Schlabach confirmed past practice: "I've listened to the tapes (of expulsion hearings) for hours, and so have other board members."

Schlabach, starting her third year on the board, said it has not granted an appeal during her term.

A previous board member said that in the past 12 years, only one or two appeals were granted in a process in which members reviewed the records of every appeal in private, then voted in public.

Although appeals no longer will be a board responsibility, Schlabach proposed the board begin a system of monitoring suspension and expulsion data and programs, and possibly adopt a policy to set out new guidelines.

Mervilde said he intends to bring updated disciplinary data to the board soon and would like the board to discuss what the district should provide to give students more alternatives to suspension or expulsion.

And here is a brief item from the Monticello Herald Journal, reported by Kevin Howell:
In the past, the board heard appeals on a case by case basis, but according to a recent court ruling cited by Superintendent Patrick McTaggart that was no longer able.

According to McTaggart, he was informed by Indiana School Board Association legal counsel Julie Slavens that the board could either choose to hear all appeals or no appeals.

McTaggart said he felt North White administrators provided for student rights and due process and recommended the board not hear appeals, of which only one has come before the board in the past four years.

North White expulsion officer Bob Carter determines if the step is necessary.
With the board's decision not to hear appeals, in the future students will take that step in the process to the court system.

[More] Ted Waggoner has sent this note to the ILB:
Interesting line-up. Our school - Rochester Community School Corp.- decided to hear all appeals, in order to provide full due process to students and administration. Vote was 7-0 as I recall (serving as school board attorney).

Posted by Marcia Oddi on August 17, 2006 07:38 AM
Posted to Ind. App.Ct. Decisions