Pubdate: Sat, 24 May 2008
Source: Free Lance-Star, The (VA)
Copyright: 2008 The Free Lance-Star
Contact:  http://fredericksburg.com/flshome
Details: http://www.mapinc.org/media/1065
Author: Corey Byers

PARENTS CHALLENGE DISCIPLINE POLICY

Two Lawsuits Filed Against School Board And  Superintendent

The parents of two suspended King George County High  School students
are suing the School Board and  superintendent over a new disciplinary
policy that  extended their original punishments.

The separate lawsuits filed by parents Linda Davis and  Januari Rhodes
both claim officials mishandled  disciplinary procedures for their
sons' suspensions and  did not give them a chance to properly defend
their  children.

The lawsuits say officials violated the King George  High students'
right to a public education by denying  them due process.

Davis' lawsuit says her son was in a car with other  students on
school property while marijuana was in the  vehicle. She claims her
son was neither in possession  nor under the influence of the illegal
drug.

That lawsuit says that after her son was suspended for  10 days, he
was further suspended and directed to  appear before a three-member
school disciplinary  committee that didn't yet exist.

It further alleges the School Board violated its own  procedures by
not having Davis' son appear before the  board rather than the
committee, and did not allow him  to prepare or present a fair defense.

Linda Davis' attorney, William Shields, said Friday  that the School
Board can't take away education  "without due process" and the
question in this case is,  "What is the due process?"

In her lawsuit, Rhodes claims her son went through a  similar
situation after setting off firecrackers on  school property. Among
other claims, she said he was  suspended, then told to appear before
the disciplinary  committee before there was one. She also claims he
was  not allowed to prepare or present a fair defense.

"We find it rather interesting that our Founding  Fathers realized it
was necessary to have checks and  balances and an appeals process,"
Rhodes said Friday. "  The extent of punishment and the lack of
education is  over the top."

Both lawsuits ask for the reversal of the committee  decisions,
injunctions on the suspensions,  reinstatement into school and
hearings before the  School Board. Among other requests, they also ask
to  have the students' disciplinary records cleared of the  incidents.

According to School Board minutes, the board approved  the creation of
discipline committee procedures on  April 9.

Davis' and Rhodes' lawsuits say their sons' incidents  occurred before
April 9.

According to the lawsuits, both students were scheduled  to appear
before the committee prior to the School  Board's approving the panel
and procedures.

The lawsuits claim that the scheduling, and a lack of  information
about the new committee, prevented each  from having a fair hearing.
Each say their sons have no  right to an appeal under the committee's
rulings.

School Board Chairman Dennis Paulsen read a statement  regarding the
Davis lawsuit yesterday after the board  met in closed session to discuss it.

Paulsen said the School Board has complete confidence  in the
competence of the the administrative staff and  the discipline
committee. He said the process and  procedures used for violations of
the code of conduct  were the same used by the School Board's
disciplinary  hearings.

"It is regretful that a parent brought this suit and is  requiring the
county to incur legal costs in order to  preserve the integrity of
what is a firm but  compassionate disciplinary process," Paulsen said.
"The  safety of all of our students has always been utmost in  the
concerns of this School Board."
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MAP posted-by: Derek