54 Pa. Commw. 292 | Pa. Commw. Ct. | 1980
Opinion by
This appeal is by two students, Stanley Abremski, Jr., and Christopher Abremski, by their guardian, Stanley C. Abremski (appellants) from an order of the Court of Common Pleas of York County which upheld the decision of the Southeastern School District Board of Directors (Board) to expel Stanley and Christopher for a period of time from February 21, 1978 to March 30, 1978 because they had been smoking marijuana on a school bus while enroute from the school to their home. We affirm.
On January 29, 1979, the appellants and another student were observed smoking on the school bus. The next evening they were detained after school at the office of the principal of the Kennard-Dale High School, which is a part of the Southeastern School Dis
The disciplinary committee recommended that the appellants be expelled from school and given the opportunity to apply for readmission at the start of the next grading period (March 31,1978). School officials immediately imposed the sanction, but after two days the appellants were again reinstated pending action by the full Board. On February 21, 1978, the Board ratified and implemented the recommendations of the disciplinary committee. The appellants were expelled for the balance of the grading period, and the school administration made arrangements for the appellants to engage in home study during the term of the expulsion, with a weekly counselling session of one and one-half hours to take place on school grounds. The expulsion was appealed to the Court of Common Pleas of York County, which upheld the action of the Board.
The appellants are contending that (1) they were denied due process under the United States Constitution; (2) the Board’s action was not authorized by the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §1-101 et seq.; (3) the penalty was inappropriate for the conduct involved; and (4) the alternate education provided during the
I.
There were no violations of the federal constitutional rights of the appellants which would require reversal in this case. In their pleadings and brief, the appellants make several factual allegations of such violations by school employees during the investigation of this incident. All of these allegations concern conduct which took place prior to the formal hearing by the Board’s disciplinary committee on February 13, 1978. At that hearing, the appellants had the opportunity to present evidence and examine witnesses as to the conduct of the investigation. The appellants chose instead to waive the taking of testimony and voluntarily admitted their culpability on the advice of their parents and legal counsel. As a result of this waiver by the appellants, there is no evidence in the record from which we could find federal constitutional infirmities.
We would note in passing that, if this had been a criminal action and the appellants had entered pleas of guilty under identical circumstances, the only basis on which they could have sought to withdraw those pleas after sentencing would have been by showing that the pleas were entered without effective assistance of counsel. Commonwealth v. Maute, 263 Pa. Superior Ct. 220, 397 A.2d 826 (1979). Understandably, such an allegation was not raised here, nor would it have been supported by the record.
We must be mindful that this is not a criminal proceeding but an administrative one. The United States Supreme Court has said, in the context of a school sus
II.
The action of the Board was authorized by the Public School Code of 1949. In our decision of Appeal of Marple Newtown School District, 27 Pa. Commonwealth Ct. 588, 367 A.2d 399 (1976), we held that, where a school board imposed a permanent expulsion on a .student who was caught smoking and possessing marijuana, that expulsion could not be overturned on appeal, absent a violation of the student’s constitutional rights, an error of law, or a violation of applicable statutory provisions. Id. at 590, 367 A.2d at 400. Implicit in that holding is a recognition of the power of local school boards to impose disciplinary sanctions, including expulsion, for the drug-related activities of their students during the time those students are in attendance at school. Such activities clearly constitute a serious breach of discipline regardless of their “nonviolent” nature.
The appellants assert that the Board was without authority to impose sanctions in this case because the activity in question took place on a school bus during the trip home after school had been dismissed for the
III.
An expulsion for more than forty days was not an improper sanction for smoking marijuana, Section 1318 of the Public School Code of 1949, 24 P.S. §13-1318, provides that “[.t]he board may, after a proper hearing, suspend such child for such time as it may determine, or may permanently expel him. ’ ’ This provision gives broad discretion to the local school board to impose what it feels to be a proper penalty, considering the circumstances. In this case, the Board determined that the appellants should be expelled but would be considered for readmittance at the beginning of the next grading period. This sanction was well within the limits of discretion allowed the Board by Section 1318.
IV.
The alternative education provided by the Southeastern School District was sufficient to satisfy the requirements of the Department of Education.
Order affirmed.
Order
And Now, tMs 17th day of October, 1980, the order of the Court of Common Pleas of York County, dated September 19, 1979, refusing and denying the appeal of Stanley AbremsM, Jr., and Christopher Abremski, minors, by Stanley C. Abremski, guardian, from their expulsion by the Southeastern School District Board of Directors, is hereby affirmed.
It is well settled that we may not consider statements of fact, apart from the record, made in the briefs of the parties. See Dougherty v. Wood, 105 Pa. Superior Ct. 1, 158 A. 203 (1932).
We are not convinced that the issue of alternate education is properly before this court, but we have considered the merits for the sake of judicial economy. The appellants did not make formal complaint before the Board concerning the adequacy of the provisions for alternative education, nor did they request that any record be preserved concerning this issue. Neither the Public School Codo of