Commons v. Westlake City Schools Bd. of Edn.
Decision Date | 11 March 1996 |
Docket Number | No. 68843,68843 |
Citation | 672 N.E.2d 1098,109 Ohio App.3d 706 |
Parties | , 114 Ed. Law Rep. 618 COMMONS et al., Appellants, v. WESTLAKE CITY SCHOOLS BOARD OF EDUCATION, Appellee. |
Court | Ohio Court of Appeals |
Spalding & Ujczo Co., L.P.A., Joseph E. Ujczo and Walter T. Spalding, Jr., Westlake, for appellants.
Means, Bichimer, Burkholder & Baker Co., L.P.A., John C. Burkholder and Scott C. Peters, Cleveland, for appellee.
Plaintiff-appellant, Michael Commons, a minor, by and through his father and natural guardian, Carl Commons, appeals from the entry of summary judgment in favor of defendant-appellee, the Westlake City Schools Board of Education ("the board"), by the Court of Common Pleas of Cuyahoga County. Appellant submits that genuine issues of material fact remain for litigation regarding his declaratory judgment action in which he sought recognition of academic credit earned during a period of expulsion. A careful review of the record compels affirmance.
Appellant, when a freshman at Westlake High School, brought a handgun to school in violation of Section II of the Code of Student Conduct. The violation resulted in appellant's eighty-day expulsion from school, commencing on January 19, 1993 and terminating on May 20, 1993. As part of the expulsion process, appellant's family received a written "NOTICE OF EXPULSION FROM SCHOOL," along with a "NOTICE OF RIGHTS RE: EXPULSION FROM SCHOOL" and a "NOTICE OF ASSISTANCE PROGRAMS RE: EXPULSION FROM SCHOOL." The latter notice provided, in part, the name, address and telephone number of the individual who acted as the home-school contact for the school district. The notice advised that "[w]hile credit cannot be given during expulsion, assistance is available."
Appellant's parents, in a letter dated March 1, 1993, informed Beverly B. Reep, Superintendent of the school district, that they had enrolled appellant in the Academy of Home Education ("the Academy"). The Commonses related that appellant would not return to the high school for the 1992-1993 academic year following the end of his expulsion period, but would complete his ninth grade education in this home schooling program.
The Commonses sent a second letter to Reep in late April 1993, stating that appellant would return to Westlake High School for the 1993-1994 school year. The correspondence to Reep stated, "Please let us know if you plan to make any special assessment of his readiness to enter the tenth grade."
Reep responded to the Commonses' request in a few days. She informed them that their April 1993 letter had been forwarded to Dr. Christina Dinklocker, the Assistant Superintendent for Curriculum and Instruction. According to Reep's letter, Dinklocker would review the Academy's accreditation and contact the Commonses regarding appellant's readiness to rejoin his classmates at the high school for his sophomore year.
The Commonses forwarded another letter to Reep on June 13, 1993. They repeated an earlier request that appellant's textbooks be reviewed in order to determine whether appellant received a "quality education" through the Academy.
David Minich, Principal of Westlake High School, informed the Commonses via a June 16, 1993 letter that pursuant to the school district's policy, credit would not be granted to appellant for his Academy school education. Minich, in part, referred to the notice relating to assistance programs wherein it was specifically stated that credit was not to be given for education received during expulsion.
After receipt of Minich's letter, the Commonses sought Reep's support and assistance in a letter to her on June 21, 1993. The letter contained references to appellant's "withdrawal" from school, and Ohio Adm. Code Chapter 3301-34, the Rules for Excuses from Compulsory Education adopted by the State Board of Education. The Commonses suggested to Reep that the rules required appellant's placement at the school upon his return to be based on an assessment of his educational progress, including his schooling with the Academy.
Reep responded to the Commonses' latest letter in a letter dated June 29, 1993. She initially set forth five points which related to the parents' concerns. First, Reep stated that the expulsion forms clearly advised that appellant could not receive credit during his eighty-day expulsion. Second, she explained that the notice of assistance programs was required by the Ohio Revised Code. Reep noted that even though Dr. Dinklocker's name was listed as the district's home schooling adviser, the Commonses failed to contact Dinklocker regarding appellant's home education. Third, Reep emphasized that the letter forwarded to her by the Commonses on March 1, 1993 qualified neither as a formal withdrawal notification nor a formal notification of home schooling. Fourth, the Commonses were advised that appellant could not earn home schooling credit for the period of expulsion. Finally, Reep outlined the assessment options available under Ohio Adm.Code 3301-34-04. Reep then advised the Commonses that a review of appellant's textbooks was not an assessment option available under the rule. In conclusion, and with the foregoing points in mind, Reep concluded:
(Emphasis sic.)
Reep affirmed her conclusion that appellant would not receive credit for his home schooling education during the period of expulsion in an August 9, 1993 letter.
Appellant filed his complaint for declaratory judgment in the trial court on June 23, 1994. Appellant alleged that the board had violated his right to due process by refusing to recognize the credits earned through the home schooling program while expelled from Westlake High School. Appellant thus requested the trial court to declare the rights, duties and responsibilities of the parties pursuant to R.C. Chapter 2721.
Both parties filed partial summary judgment motions, the board on January 30, 1995, and appellant on February 2, 1995. The motions addressed the limited issue of whether a student expelled from public school can earn home schooling credit for education received during the disciplinary expulsion. Following the filing of responsive motions, the trial court granted summary judgment in favor of the board on March 17, 1995.
This appeal followed with appellant claiming as error:
Appellant basically asserts in his first four assignments of error that the board acted without statutory or administrative authority when it denied him credit for home schooling education acquired during a period of expulsion. He submits that this denial was an abuse of discretion, and denied him his rights to due process and equal protection. This court notes that except for two cases from Indiana and Pennsylvania, appellant fails to cite any statutory or legal authority in support of his position even with regard to our review of motion for summary judgment dispositions and his constitutional arguments. See App.R. 16(A)(7) and Loc.App.R. 6(6). Appellant nonetheless argues that the trial court erroneously granted judgment in favor of the board.
The granting of summary judgment is only appropriate if there is no genuine issue as to any material fact, and reasonable minds can come to but one conclusion which is adverse to the nonmoving party. Toledo's Great E. Shoppers City, Inc. v. Abde's Black Angus Steak House No. III, Inc. (1986), 24 Ohio St.3d 198, 201, 24 OBR 426, 427, 494 N.E.2d 1101, 1103-1104; Civ.R. 56(C). An order granting summary judgment will, therefore, only be upheld where the record discloses no genuine issue of material fact and the nonmoving party is entitled to judgment as a matter of law when construing the evidence most strongly in favor of the...
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