R.S. a minor, by his parents and natural Guardians, R.S. and A.S. v. Hempfield Area SD
1280 C.D. 2020
| Pa. Commw. Ct. | Dec 3, 2021Background
- R.S., a minor, was expelled by Greater Latrobe School District after a disciplinary hearing that included a weapons charge; R.S. and Latrobe later executed a settlement that withdrew the weapons violation but did not (on the record) show the adjudication vacated.
- R.S.’s family sought to enroll him in Hempfield Area School District; Hempfield placed R.S. in its alternate cyber-learning program relying on the prior expulsion and Section 1317.2 of the School Code.
- R.S. sued in Westmoreland County, seeking a declaratory judgment and a preliminary injunction requiring Hempfield to provide in‑person instruction like other regular education students.
- The trial court granted a preliminary injunction ordering Hempfield to permit R.S. to attend in‑person classes, reasoning the withdrawn weapons charge removed Section 1317.2 authority to require alternate placement.
- Hempfield appealed, arguing the record contained a Latrobe School Board adjudication (not shown to be vacated) and that Section 1317.2(e.1) authorized its alternate‑education placement for transferring students expelled for weapons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Latrobe–R.S. settlement removing a weapons charge precludes Hempfield from relying on Latrobe’s adjudication | Settlement withdrew the weapons violation from R.S.’s record, so Hempfield lacks statutory basis to deny in‑person instruction | Settlement does not nullify the Latrobe School Board adjudication; Hempfield may rely on the adjudication unless it was vacated | Court: Trial court erred; record lacks evidence the adjudication was vacated, so Hempfield could rely on the adjudication |
| Whether Section 1317.2(e.1) allows a receiving district to assign alternate education to a transferring student expelled for a weapons offense | R.S.: Because the weapons charge was withdrawn, Section 1317.2 does not apply and Hempfield cannot require alternate placement | Hempfield: Section 1317.2(e.1) expressly permits alternate assignments for students transferring while expelled for weapons | Court: Section 1317.2(e.1) authorizes alternate education for a transferring student expelled for a weapons violation; Hempfield’s action fell within that authority |
| Whether the trial court had reasonable grounds to grant a preliminary injunction (likelihood of success on the merits) | R.S.: Statutory violation causes irreparable harm; injunction appropriate because right to relief clear | Hempfield: Record does not show the weapons adjudication was set aside; R.S. lacks likelihood of success on merits | Court: Reversed trial court—plaintiff failed to show likelihood of success; no reasonable grounds supported the preliminary injunction |
Key Cases Cited
- SEIU Healthcare Pa. v. Commonwealth, 104 A.3d 495 (Pa. 2014) (standards for reviewing preliminary injunctions and appellate review of trial court’s discretion)
- Philips Bros. Elec. Contractors, Inc. v. Valley Forge Sewer Auth., 999 A.2d 652 (Pa. Cmwlth. 2010) (appellate review: whether trial court had reasonable grounds for injunction)
- Roethlein v. Portnoff Law Assocs., Ltd., 81 A.3d 816 (Pa. 2013) (statutory interpretation requires reading words in context)
- City of Philadelphia v. Commonwealth, 922 A.2d 1 (Pa. Cmwlth. 2003) (statutory violation can constitute irreparable harm in injunction analysis)
- Hatfield Twp. v. Lexon Ins. Co., 15 A.3d 547 (Pa. Cmwlth. 2011) (standards for reversing preliminary injunction orders)
- Mazzie v. Commonwealth, 432 A.2d 985 (Pa. 1981) (circumstances warranting reversal of preliminary injunction decisions)