F. v. Lewisburg Area School District Board of School Directors

No. 330 C.D. 2004 (Pa. Commw. Ct. November 12, 2004 ; Clearinghouse Number: 55843

Description

Expulsion Record Properly Expunged Where School Board Lacks Jurisdiction to Expel Student

Abstract

The commonwealth court affirmed the trial court’s expungement of a student’s expulsion record where appellant school board lacked jurisdiction to discipline or expel student for drug-related conduct on school property after school hours. Appellee high school student and three classmates pooled their money to buy some marijuana after school hours and off school property. A police officer observed student and his classmates using the marijuana on an intermediate school playground at night after a school concert had ended. The officer arrested and charged them with misdemeanor drug offenses. Student agreed to a consent decree. The school board suspended and, after additional hearings, expelled student from school. Student appealed school board’s expulsion decision to the trial court. While the appeal was pending, student was reinstated in school, and he sought to expunge the expulsion from his record. The trial court reversed school board’s adjudication, sustained student’s appeal, and directed school board to expunge student’s expulsion record. On school board’s appeal, the commonwealth court agreed with the lower court that school board could not apply school policy on drugs and alcohol to student because student was not under school board’s supervision at the time of the incident and that, in applying the policy, school board exceeded its statutory authority. The commonwealth court also affirmed the lower court’s holding that student’s in-school conduct did not establish a sufficient nexus between the incident and school board’s supervisory authority.

Additional Information

Attorney Information
Docket Date
2004-11-12 00:00:00+00:00

Files

Filed under: