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Decision Number
142
Book
18
Month
May
Year
2000
In RE
Cohen Monson
Appellant
Craig & Teresa Monson
Appellee
Forest City CSD
Full Text
Summary

During the current school year and during the 1998-99 school year, when Cohen Monson was a freshman, the high school had experienced problems caused by friction between two student groups within the high school population. The "Preps" consist of approximately 25 high school students, most of whom participate in athletics. The "Korns" consist of approximately 25 high school students who like to listen to music by the rock group "Korn," whose music contains lyrics which many people in the Forest City community and many students consider to be offensive.

During the week of homecoming, the conflict between the two student groups resurfaced. Beginning on Tuesday, September 28, 1999, the students and administration started noticing the initials "KTP" written on spirit posters in at least two of the hallways in the high school. Cohen testified that he had written "KTP" once on the school window and that he knew that it meant, "Kill the Preps." A parent of a middle-school student had called the Police Department to report that her daughter had heard that a student was possibly going to bring a gun to school.

Lt. Beaver of the Forest City Police Department concluded in his investigation and through the interviews that day that the gun rumors had originated from the middle-school students and were not connected to the "KTP" incidents. He also concluded that Cohen did not have anything to do with the gun rumor and that the gun rumor apparently started in the middle school by sixth-grade girls without any reference to Cohen. Approximately 140 high school students did not attend school on Friday because of their fear or their parents' fear over the uncertainty of the situation.

We conclude that the Findings of Fact clearly show that the Board satisfied all of the due process requirements regarding Cohen's expulsion. We also conclude that Cohen's expulsion was reasonable due to the Board's and the school officials' interest in protecting other students and staff from violence. The Board was aware that 140 students and/or their parents made the decision to keep their children out of school for fear of violence. Their fear was at least in part due to the fact that Cohen wrote "KTP" on school property. The absences and the grave, fearful atmosphere at school that day for the students in attendance clearly show a material and substantial disruption to the school environment and a threat to the health and safety of students and staff. The evidence is clear that when Cohen wrote "KTP," he knew it meant "Kill the Preps." The Forest City High School handbook penalty for that kind of threat is expulsion. The Board acted reasonably and in the best interest of education when it expelled Cohen for the remainder of the 1999-2000 school year.

That the decision of the Forest City Community School District's Board of Directors made on October 18, 1999, expelling Cohen Monson for the remainder of the 1999-2000 school year be affirmed.