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Decision Number
144
Book
12
Month
January
Year
1995
In RE
Anthony Main
Appellant
Cindy Main
Appellee
Newton Community School District
Full Text
Summary

Anthony was observed on school grounds with a weapon in October 1994. He stated he was returning the weapon to its owner and admitted possession on school grounds. He testified that he showed the weapon to at least 15 students. Neither he nor his mother was aware that possession of a weapon could result in the expulsion of up to 1 year.

Appellant questions the quality and sufficiency of the evidence against Anthony, the seriousness of the penalty imposed and whether the Board should have given more consideration to the fact that Anthony had no alternative education available to him after his expulsion.

If a student violates a policy properly adopted by the district board, the student forfeits his right to a tuition-free education. At that point, the district is not LEGALLY required to provide any alternative education. Whether or not this is a good public policy is for the legislature to determine. In the absence of legislation to the contrary, Anthony's expulsion cannot be prevented because it would deprive him of an education for the remainder of the school year.

That the decision of the Newton Board of Directors to expel Anthony Man for the remainder of the 1994-95 school year for possession of a weapon was affirmed.