Michael McClain Joined by Next Friend, Nellie McClain v. Lafayette County Board of EducationMichael McClain Joined by Next Friend, Nellie McClain v. Lafayette County Board of Education
ON SUGGESTION FOR REHEARING EN BANC
The petition for rehearing questions whether Michael McClain received procedural due process. As the petition points out, there is some basis in the record for the contention that the notice of the hearing did not adequately advise him and his mother of the issues to be considered at the school board hearing, particularly of the contention that his carrying of the knife to school was deliberate and not, as he contends, inadvertent. On the other hand, there is also some basis in the record for concluding that the McClains had received notice of their right to be heard and of the issues, and were uninformed only of the existence of the tape recordings. In any event, our opinion does not imply that, in this and other regards, the student was fully accorded his procedural rights and we commend to the school board a revision of the methods of giving notice of such hearings and of informing accused students of their rights so that students and their parents can be properly informed and the fact of adequate notice can be readily ascertained.
Nonetheless, we are unable to find substantial prejudice as a result of the school board’s actions. As we set forth in our original opinion, “There has never been any doubt of McClain’s guilt in carrying this deadly weapon to school.” 5th Cir.,