Student Expelled For Explosive Misconduct With M80s
by
Joseph C. Maya on Apr. 26, 2017
Other Education Civil & Human Rights Civil Rights Lawsuit & Dispute Lawsuit
Summary: Blog post about a student who was expelled for setting off multiple M80s at school.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Ho Soo Hwang v. Amity Regional Board of Eduation, a student challenged the action of the school board, which expelled him for one marking period for igniting an M80 on two separate occasions during school hours. There was no dispute as to the student’s responsibility. When a court reviews the decision of an administrative agency such as the board of education, its judicial review of the conclusions of law reached administratively is limited. A court's ultimate duty is only to decide whether, in light of the evidence, an agency has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion.
The 17-year-old student admitted responsibility for twice igniting a M80 in the school hallway during hours of operation and conceded that this conduct endangered persons and property and was seriously disruptive of the educational process in violation of school board policy as set forth in the student handbook. On review, the court noted that courts were required to guard against arbitrary actions by school officials. The court found that the board's policy of expelling students whose conduct endangered persons or property or was seriously disruptive of the educational process under Connecticut law constituted a sufficiently definite and intelligible principle to which the administrative body was required to conform. Because the court found that the student's conduct violated the clear mandate allowed by law, the board's action was sustained.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Ho Soo Hwang, P.P.A. for Hwang v. Amity Regional Bd. of Educ., 1994 Conn. Super. LEXIS 2149, 1994 WL 468279 (Conn. Super. Ct. Aug. 18, 1994)
