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Private School Expulsion and Disciplinary Transfer pp.150-154

Private School Expulsion and Disciplinary Transfer pp.150-154. By Nicola Moxey MED 6490 February 2, 2010. Allen v. Casper Court of Appeals of Ohio, 1993 622 N.E.2d 367. Facts

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Private School Expulsion and Disciplinary Transfer pp.150-154

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  1. Private School Expulsion and Disciplinary Transfer pp.150-154 By Nicola Moxey MED 6490 February 2, 2010

  2. Allen v. CasperCourt of Appeals of Ohio, 1993 622 N.E.2d 367 • Facts • Allen parents signed a parental rights’ agreement with Bethlehem Baptist Christian School and received school handbook • School handbook clearly stated policies and regulations regarding grievance procedures • Allen’s clearly bypassed grievance procedures, refused to agree to disposition of matters, engaged in confrontational tactics, and did not abide to school handbook

  3. Further Facts • November 27, 1991, Allen’s filed suit for unlawful dismissal of their children from the Bethlehem Baptist Christian School • The Allen’s failed to show any evidence of a violated contractual right or present any facts to show a clear abuse of discretion • Contracts for private education are constructed in a manner which leaves the school board broad discretion in meeting its educational and doctrinal responsibilities

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

  5. Disciplinary Transfer • Due Process for transfer would include: 1) written notice to student and parents; 2) opportunity for a meeting with school authorities, parents, and student; and 3) a meeting which evidence may be presented and witnesses examined • DUE PROCESS CASES REFERENCED: • Jordan v. School District of City of Erie • Zamora v. Pomeroy • Madera v. BOE of the City of New York

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