In the Matter of Jackson
84 N.C. App. 167, 352 S.E.2d 449
Background
Calvin Jackson was suspended from the Gaston County School System from October 7, 1985 until the next school year. Calvin Jackson was adjudicated delinquent by the juvenile court. At the disposition hearing, the court indicated that Calvin be placed in “some type of public school institution” and ordered that members of the board of education in Gaston County appear at the next proceeding. At the subsequent proceeding, the court ordered Gaston County School System to immediately, place the Respondent, Calvin Jackson, in whatever type of school program the system deemed appropriate. The Gaston County hoard of Education appealed the order and sought a temporary stay. The stay was granted and the court allowed the Board of Education’s petitions for writ of supersedeas and writ of certiorari. Amicus Curiae briefs were filed in support of the respondent by the Governor’s Advocacy Council for Persons with Disabilities and the Governor’s Advocacy Council on Children and Youth.
Relevancy for School Disciplinary Hearings
Is the public school system legally obligated to provide an alternative forum for students suspended for misconduct?
Holding
The Court held that public schools do not have an affirmative duty to provide alternate educational programs for suspended students absent a legislative mandate. Rapp, Education Law, Vol. 2, Sec. 9.06(3)(d)(1986). A student’s right to an education may be constitutionally denied when outweighed by the school’s interest in protecting other students, teachers, and school property, and in preventing the disruption of the educational system and cited Craig v. Buncombe Co. Board of Education, which posited the theory that reasonable regulations punishable by suspension do not deny the right to an education but rather deny the right to engage in the prohibited behavior. 80 N.C. App. 683, 343 S.E.2d 222(1986) The Court found that NC. Gen. Stat. 115C-39I does not expressly limit suspensions from the regular classroom but contemplates suspension from the school system.