Appeal of Keelin B.
162 N.H. 38
N.H.2011Background
- Keelin B.'s emails from a Gmail account, created under a different student's name, led to disciplinary proceedings following police investigation.
- Sunapee School District suspended Keelin for 10 days; superintendent later sought long-term suspension under RSA 193:13, II.
- School Board extended suspension to 34 school days and imposed community service and coursework requirements.
- A hearing officer and the state board upheld the suspension, finding violation of multiple district policies, including Acceptable Use, Behavior Code, and Harassment.
- Petitioners challenged the length of suspension and statutory/regulatory authority, leading to this appeal to the New Hampshire Supreme Court.
- Court analyzed RSA 193:13, RSA 193-D, and Ed 317 regulations to determine proper scope and limits of local disciplinary authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether long-term suspension beyond 10 days is statutorily authorized | Keelin B. argues statute limits to 10 days. | Sunapee maintains board may extend under RSA 193:13, II. | Long-term suspension beyond 10 days authorized; but not beyond district policy cap. |
| Whether district rule twenty-day cap governs long-term suspension | District policy caps long-term suspensions at 20 days; 34-day suspension invalid. | RSA 193:13 and RSA 193-D authorize longer suspensions; rules may be broader. | District rule cap governs; 34 days must be reduced to 20 days. |
| Whether the home/off-campus electronic communications are within scope of safe school zone | Off-campus emails outside safe school zone should not be punishable. | Emails transmitted via school email system fall within school authority. | Conduct falls within RSA 193:13; school authority extends to use of district email system. |
Key Cases Cited
- Appeal of Union Tel. Co., 160 N.H. 309 (N.H. 2010) (statutory/regulatory interpretation and deference to plain language; agency rule validity)
- Forsberg v. Kearsarge Reg'l Sch. Dist., 160 N.H. 264 (N.H. 2010) (notice and procedural requirements; waiver limitations)
- Doe v. N.H. Dep't of Safety, 160 N.H. 474 (N.H. 2010) (agency rule interpretation and requirements)
- Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (U.S. Supreme Court 1986) (school discipline notice and conduct standards; student protections)
- Palmer v. Merluzzi, 689 F. Supp. 400 (D.N.J. 1988) (upholding disciplinary sanctions consistent with school policies)