S. P. v. Boule

No. SJC-06746 (Mass. Sup. Jud. Ct. filed Dec. 19, 1994) ; Clearinghouse Number: 50714

Description

Student Who Brought a 1¼-Inch Blade in a Lipstick Case to School Challenges Her Expulsion for Possession of a Dangerous Weapon

Abstract

Plaintiff student has filed her brief on appeal in this suit challenging defendant school officials’ decision to expel her. Plaintiff, a 16-year-old high school student had been suspended for five days after school officials discovered her in possession of a lipstick containing a small blade. Subsequently, the school principal held a hearing and expelled student, found to have been in possession of a weapon on school grounds. The trial court upheld student’s expulsion. On appeal, student argues that she has a fundamental interest in her education, and therefore the decision to expel her from school is subject to strict scrutiny analysis. Student asserts that the expulsion was not justified because she was not in possession of a dangerous weapon, did not intend to harm or threaten anyone, and had no history of aggressive behavior. Student maintains that a suspension would have preserved defendants’ interests without totally denying student her education. Student also argues that the lipstick case containing a 1¼-inch blade did not constitute a “dangerous weapon” under state law and that defendants abused their discretion by expelling her. Finally, student argues that if defendants consider the lipstick case with blade a dangerous weapon under state law and deprive her of her education as a result, then the statute is void for vagueness. The Center for Law and Education in its amicus brief on student’s behalf argues that permanent expulsion or other long-term exclusion from public education is an impermissible infringement on the right to education, in violation of the Massachusetts Constitution. Amicus also argues that student’s emotional problems and suicide attempts render her a protected individual with a disability under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act and that defendants may not expel or otherwise discipline her for conduct related to these problems.

Additional Information

Attorney Information
Amicus Curiae represented by Eileen Ordover, Center for Law and Education, 955 Massachusetts Ave., Cambridge, MA 02139, (617) 876-6611; Jane Quimby, Stephen Rosenfeld.
Docket Date
1994-12-19 00:00:00+00:00