The appellants seek reversal of a decision made by the Malvern Community School district to them remove from and deny credit for classes in which they had a total of 11 or more absences, resulting in them not graduating in May.
During spring semester, Richard had excessive dental work done which accounted for accounted a large number of his absences; Troy drove him home as was he sedated during the office visits and oral surgeries. In addition to this, Troy's absences consisted of his own illness and in-school suspensions.
The parents of both boys received their respective certified letters advising of a conference with the principal to discuss the absences. In both cases, the principal stated he was recommending removal and loss of credit for the classes with excessive absences. At the closed session of the Board hearing, they were given the administration's exhibits but not given a copy or a chance to question them. At the open session, the Board voted to approve the credit removal and loss. The appellants did not receive written notification of the Board's
During the closed session of the Board meeting, the appellants viewed the administration's exhibits but were not given a copy or a chance to question it. During the open session, the Board approved the recommendation; there was no written notification of findings, reasoning, or conclusions provided to the appellants, and they did not receive a copy of the hearing tape.
The Board did not afford the appellants adequate protection from an unconstitutional deprivation of their rights to liberty and property in this case, because of the above-mentioned issues.
The decision made by the Malvern Community School board to remove Richard Kaufman and Troy Wallis from their classes with loss of credit towards graduation is vacated; the case is remanded back to the Board for a rehearing to afford due process to the students .