At the time of this appeal hearing, Rashawn Mallett was a 15-year-old ninth grader who had been recently expelled from the Educational Discipline Center (EDC) in Waterloo.Rashawn was initially referred to the EDC from East High School in February of the 1994-95 school year. He was referred to the Center because he was considered disruptive in class. Rashawn had to return to EDC for the start of the 1995-96 school year.
His behavior included: horseplay, teasing, rude comments, disrespect for staff, pouting, temper tantrums, refusing to work, and ignoring staff directions. (Exh. 8.) Although none of these behaviors, considered individually, seem too disruptive; the combination of his behavior and attitude was sufficient to qualify him for the EDC. According to Ray Richardson, associate superintendent of Alternative Education, student placement at EDC is based on a recommendation from administrators, teachers, counselors, and other team members. The chronology of behaviors and interventions is quite extensive. Between September 21, 1995, and December 11, 1995, there were at least seven conferences or meetings between school staff and Rashawn's father. Most of these conferences followed behavior infractions where Rashawn had been put in "isolation" (in-school suspension) for horseplay, problems with other students or talking back to teachers.
On December 11, 1995, Cora Turner wrote confirming her parent conference with Mr. Mallett. She re-enforced the expectations stated at the meeting as: 1)attend school daily; 2)control behavior in class, which means no horseplay and staying on task; and 3)follow directions from staff without questions. In addition, Ms. Turner stated "[t]he outcome of our meeting was that we all agreed that if Rashawn's behavior does not improve, he will leave me no choice but to take him to the Board of Education for expulsion." Id.
The final incident occurred when a local TV station contacted EDC about doing a story. Rashawn had told his classmates that he was going to show gang signs during the filming. He did this even after Cora Turner had met with the group of students and told them that there was to be no acting out or showing of gang signs during the filming by the TV station.
The sole issue before the State Board is whether the decision to expel Rashawn from EDC was unreasonable and con-stituted a denial of procedural due process under the terms of the District's Student Conduct Code and the EDC Student Handbook. Although Mr. Mallett would like us to reverse the District Board and require EDC to give Rashawn another chance, we cannot do that. With all the hard work Mr. and Mrs. Mallett have invested in Rashawn's education, it is difficult to be unable to offer them a solution. However, the staff at EDC has probably experienced the same frustration.
That the decision of the Board of Directors of the Waterloo Community School District to expel Rashawn Mallett for the remainder of the 1995-96 school year was affirmed.