544 P.3d 460
Wash.2024Background
- M.G., a Yakima School District high school student, was emergency expelled in 2019 for alleged gang-related behavior.
- His emergency expulsion was converted to a 12-day long-term suspension, after which he was not permitted to return to his regular school (Eisenhower High School) due to ongoing concerns cited by the District, including his hairstyle and alleged gang affiliation.
- M.G. was instead enrolled in Yakima Online, an alternative online program, which he struggled to access and found academically insufficient.
- Attempts by M.G. and his counsel to secure a return to Eisenhower or another in-person high school within the District were denied, always citing disciplinary or safety concerns.
- The superior court dismissed M.G.’s claim; the Court of Appeals reversed, holding M.G. was indefinitely suspended in violation of statutory rights and remanded for possible compensatory education.
- The Supreme Court of Washington affirmed the Court of Appeals, finding for M.G. on statutory grounds and remanding for the trial court to determine appropriate equitable relief.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether exclusion from school post-suspension was disciplinary | District’s refusal was disciplinary | It was a placement/safety decision | District’s action was disciplinary, requiring due process |
| Did the District violate student discipline statutes and WACs? | Statutes/WACs prohibit indefinite suspensions, require due process | No violation; had safety/enrollment discretion | District violated due process and statute |
| Is compensatory education available outside IDEA/FAPE context? | Remedy needed when educational rights denied | Only available under IDEA, not for voluntary non-attendance | Compensatory education is available as equitable relief |
| Was M.G.’s case moot due to residence or enrollment changes? | He did not voluntarily withdraw; exclusion ongoing | Moot due to absence from District | Not moot; exclusion was involuntary |
Key Cases Cited
- Goss v. Lopez, 419 U.S. 565 (U.S. 1975) (students facing suspensions have due process rights)
- Milliken v. Bradley, 433 U.S. 267 (U.S. 1977) (courts have discretion to order compensatory education as remedy for rights violations)
- Freeman v. Pitts, 503 U.S. 467 (U.S. 1992) (equity power allows adjusting remedies for constitutional violations)