In re Expulsion of N.Y.B.

• Decision Date: 10 June 2008
• Docket Number: No. A07-1277.,A07-1277.
• Citation: 750 N.W.2d 318
• Parties: In the Matter of the EXPULSION OF N.Y.B., from Anoka-Hennepin Independent School District No. 11.
• Court: Minnesota Court of Appeals

750 N.W.2d 318

In the Matter of the EXPULSION OF N.Y.B., from Anoka-Hennepin Independent School District No. 11.

No. A07-1277.

Court of Appeals of Minnesota.

June 10, 2008.

Ann Marie Hanrahan, 3M Office of General Counsel; and Gail Chang-Bohr, Children's Law Center of Minnesota; and J. David Prince, William Mitchell College of Law, St. Paul, MN; and Stephen Lucke, Karen Pogonowski, Dorsey & Whitney, Minneapolis, MN, for relator N.Y.B.

Lori Swanson, Attorney General, Martha J. Casserly, St. Paul, MN, for respondent Department of Education.

Stephen M. Knutson, Michelle D. Kenney, Knutson, Flynn & Deans, Mendota Heights, MN, for respondent Independent School District No. 11.

Considered and decided by WRIGHT, Presiding Judge; ROSS, Judge; and COLLINS, Judge.^*

OPINION

WRIGHT, Judge.

Relator challenges the school board's decision to expel her for one calendar year, arguing that (1) the school board's decision is arbitrary and capricious and unsupported by substantial evidence and (2) relator was deprived of procedural due process. We remand.

FACTS

Before being expelled, relator N.Y.B. was a freshman at Coon Rapids High School (CRHS) in respondent Anoka-Hennepin Independent School District (the district). Sometime in late November or early December 2006, C.S., who also attended CRHS, made comments to other students about N.Y.B.'s racial heritage. During lunch in the school cafeteria on December 13, 2006, N.Y.B. confronted C.S. about rumors that she believed C.S. was spreading. A fight ensued, during which N.Y.B. broke a cafeteria tray over C.S.'s head. School staff promptly broke up the fight. While being escorted to the main office by a school official, N.Y.B. turned and ran toward C.S., who was being escorted in the opposite direction. As a result, an assistant principal physically restrained N.Y.B. to prevent the resumption of the fight. Another assistant principal immediately suspended N.Y.B. for ten days, pending expulsion. And on December 19, 2006, the principal recommended to the school board that N.Y.B. be expelled for violating the district's physical-aggression policy.

In late January 2007, N.Y.B. and her attorney met with the principal and the district's general counsel to discuss the pending disciplinary action. As a result of this meeting, N.Y.B.'s attorney understood that, if N.Y.B. opted for an evidentiary hearing before an independent hearing officer, the school board "would consider the findings and conclusions of the hearing officer in making its decision" but that it was highly unlikely that N.Y.B. or her attorney would be permitted to comment on the evidence adduced. N.Y.B.'s counsel further understood that, if N.Y.B. waived an evidentiary hearing, N.Y.B. and her attorney would "have the opportunity to present [their] position to the School Board and to request [the school board's] consideration of that position in determining whether to expel [N.Y.B.] and the time period of any expulsion." Apparently based on this understanding, N.Y.B. waived her right to an evidentiary hearing.

On February 12, 2007, the school board met to decide whether to expel N.Y.B. and, if so, the length of the expulsion. If meeting minutes were kept, they were not included in the record. But it is undisputed that N.Y.B. read a prepared statement apologizing for her "disturbance" and acknowledging that she made a poor choice by allowing her temper to get the best of her. N.Y.B. also apologized for any physical or emotional pain that she may have caused C.S. In addition, N.Y.B.'s attorney addressed the school board, urging it to consider various mitigating circumstances. After deliberation, the school board voted 5 to 1 to expel N.Y.B. until December 12, 2007. The school board explained its decision as follows:

The offense was: [N.Y.B.] assaulted another student and was insubordinate.

The grounds for expulsion are based on a determination by the Anoka-Hennepin School Board that the Discipline Policy: Code of Student Conduct has been violated, specifically:

"6. Violations against persons such as verbal and/or nonverbal intimidation/threats; ... assault; fighting...." This dismissal is consistent with Minnesota Statute 121A.45, Subd. 2, (enclosed) which establishes that a student may be dismissed for:

a. willful violation of any reasonable school board regulation. Such regulation must be clear and definite to provide notice to pupils that they must conform their conduct to its requirements;

b. willful conduct that significantly disrupts the rights of others to an education, or the ability of school personnel to perform their duties, or school sponsored extracurricular activities; or

c. willful conduct that endangers the pupil or other pupils, or surrounding persons, including school district employees, or property of the school.

The district also advised N.Y.B. of her right to appeal the school board's decision to the Commissioner of Education (the commissioner) under Minn.Stat. § 129A.49 (2006). N.Y.B. exercised that right.

On appeal, the commissioner determined that "expulsion is a reasonable disciplinary action for assaulting another student and insubordination toward School staff." But the commissioner concluded that the school board's written explanation was inadequate. The commissioner reasoned that, although the school board's decision "lists the general offense of assault and insubordination" and quotes the discipline policy, it failed to include the "controlling facts" relied on by the school board as required by Minn.Stat. § 121A.47, subd. 13 (2006). Specifically, the school board failed to state the facts on which it relied to expel N.Y.B. for one calendar year, "such as prior practice for similar incidents or whether the School Board considered the factors raised by [N.Y.B.]'s counsel at the School Board meeting." The commissioner, therefore, remanded the matter with instructions to the school board to amend its resolution to "provide a written decision that presents the controlling facts upon which [the expulsion decision] was made in sufficient detail to apprise" the parties and the commissioner of the basis and reason for expelling N.Y.B. for one calendar year.

On May 3, 2007, the school board convened an emergency meeting to comply with the commissioner's directions. The school board amended its original resolution expelling N.Y.B. to include the following language:

1. Based on the evidence presented, including the recommendation for expulsion from school administration, as well as the statements of [N.Y.B.] and her legal counsel at the February 12, 2007 meeting, the Board determined that [N.Y.B.]'s December 13, 2006 assault of another student by hitting her over the head with a lunch tray was a willful violation of paragraph III B.6 of the District Student Discipline Policy, Code of Student Conduct, which prohibits "violations against persons ... including ... verbal and/or non-verbal intimidation/threats ... assault, fighting...." Furthermore, after intervention by school staff and while [N.Y.B.] was being escorted to the office by an Assistant Principal, the Board determined that when [N.Y.B.] kicked off her shoes, broke away, and charged towards the other student, requiring [N.Y.B.] to be physically restrained by school officials, constituted a willful violation of paragraph III B.8 which prohibits disruptive acts "including disobedient, disruptive, and disrespectful behavior, defiance of authority, and insubordination." Further, pursuant to policy guidelines, when physical aggression requires restraint by staff to prevent harm to other students, the consequences may be more severe. (Secondary Handbook summary of policies p. 38-39).

2. [N.Y.B.]'s fighting constitutes a willful violation of reasonable School Board regulations and was incompatible with the school educational environment and the safety of the students and staff. Based on prior disciplinary actions by other students for similar violations of the District's Student Discipline Policy, the School Board believes that an expulsion of less than one calendar year would be inconsistent with its past practices in similar or less severe cases. Specifically, as of February 12, 2007, the Anoka-Hennepin School Board had expelled 22 students in the 2006-07 school year for engaging in more than one fight in their high school career, or who have committed a single assault (with or without a weapon), or engaged in a single fight or assault that involved physical restraint by a staff member. Of those students, twelve received an expulsion for one year; seven received an expulsion of one calendar year with a probationary return after three academic quarters; two received an expulsion of one calendar year with a probationary return after two academic quarters; and one received an expulsion of three academic quarters with a probationary return after one academic quarter (this last consequence involved a student engaging in her second fight, however, she made attempts to avoid the fight and escape the situation). From February 12, 2007 to May 3, 2007, the District has expelled an additional six students for fights: three students were expelled for one year and three students received an expulsion of one calendar year with a probationary return after three academic quarters. Based on the Board's review of these matters, the totality of the circumstances regarding [N.Y.B.] is at least as egregious as those incidents which led to one calendar year expulsions.

N.Y.B. subsequently appealed the postremand resolution, which the commissioner affirmed. This certiorari appeal followed.

ISSUES

I. Did the school board adequately explain its decision to expel relator for one calendar year as required by the Pupil Fair Dismissal Act (PFDA)?

II. Did respondent deprive relator of due process?

ANALYSIS

N.Y.B. challenges her expulsion from CRHS under the PFDA, Minn.Stat. §§ 121A.40-121A.56 (2006), which governs the expulsion of a public-school...