Private School Private School Expulsion and Expulsion and Disciplinary Disciplinary

TransferTransfer pp.150-154 pp.150-154By Nicola MoxeyBy Nicola Moxey

MED 6490MED 6490

February 2, 2010February 2, 2010

Allen v. CasperAllen v. CasperCourt of Appeals of Ohio, 1993 622 N.E.2d 367Court of Appeals of Ohio, 1993 622 N.E.2d 367

FactsFacts- Allen parents signed a parental rights’ Allen parents signed a parental rights’

agreement with Bethlehem Baptist Christian agreement with Bethlehem Baptist Christian School and received school handbookSchool and received school handbook

- School handbook clearly stated policies and School handbook clearly stated policies and regulations regarding grievance proceduresregulations regarding grievance procedures

- Allen’s clearly bypassed grievance Allen’s clearly bypassed grievance procedures, refused to agree to disposition of procedures, refused to agree to disposition of matters, engaged in confrontational tactics, matters, engaged in confrontational tactics, and did not abide to school handbookand did not abide to school handbook

Further FactsFurther Facts

November 27, 1991, Allen’s filed suit for November 27, 1991, Allen’s filed suit for unlawful dismissal of their children from the unlawful dismissal of their children from the Bethlehem Baptist Christian SchoolBethlehem Baptist Christian School

The Allen’s failed to show any evidence of a The Allen’s failed to show any evidence of a violated contractual right or present any violated contractual right or present any facts to show a clear abuse of discretionfacts to show a clear abuse of discretion

Contracts for private education are Contracts for private education are constructed in a manner which leaves the constructed in a manner which leaves the school board broad discretion in meeting its school board broad discretion in meeting its educational and doctrinal responsibilities educational and doctrinal responsibilities

JudgmentJudgment

Absent of a clear abuse of discretion Absent of a clear abuse of discretion by the school in the enforcement of by the school in the enforcement of its policies and its policies and regulations….COURTS WILL NOT regulations….COURTS WILL NOT INTERFERE IN THESE MATTERS!INTERFERE IN THESE MATTERS!

JUDGMENT AFFIRMEDJUDGMENT AFFIRMED

Disciplinary TransferDisciplinary Transfer

Due Process for transfer would include: 1) Due Process for transfer would include: 1) written notice to student and parents; 2) written notice to student and parents; 2) opportunity for a meeting with school opportunity for a meeting with school authorities, parents, and student; and 3) a authorities, parents, and student; and 3) a meeting which evidence may be presented meeting which evidence may be presented and witnesses examinedand witnesses examined

DUE PROCESS CASES REFERENCED:DUE PROCESS CASES REFERENCED: Jordan v. School District of City of ErieJordan v. School District of City of Erie Zamora v. PomeroyZamora v. Pomeroy Madera v. BOE of the City of New York Madera v. BOE of the City of New York