The Office of Administrative Law has denied a parent’s emergent relief request to allow her son, a student with disabilities, to take part in high school commencement ceremonies.
The 2017 case involves an 18 year-old Mercer County teen with specific learning disabilities and depression. The teen had written and posted two highly derogatory and harassing articles online; one was sexual in nature, the other targeting a transgender student. Initially, the boy was suspended for 5 days. Later, he was suspended indefinitely and placed on home instruction. A manifestation determination found that his behavior was not a result of or caused by his disabilities.
In mid-June of his senior year, the school district board of education held a disciplinary hearing against the student, and ordered that he be disciplined for behavior deemed to be harassment, intimidation and bullying. The punishment included suspension of school privileges, including participation in graduation ceremonies. The boy’s mother filed a petition for emergent relief to allow her son to participate in the graduation ceremony.
After reviewing the evidence and hearing from witnesses, the judge ruled that participation in graduation is not a right, but a privilege – one that the teen lost due to his behavior. While the parent’s claim did satisfy one of the requirements for emergent relief – she successfully demonstrated that the student would suffer irreparable harm – it failed to satisfy all four requirements.
In ruling for the school district, the judge wrote that to grant the boy the opportunity to walk in graduation “would amount to an ‘undermining of authority’ that would have a far reaching effect on the school district in its dealings with its student.”
CLICK HERE to read the full case. OAL Docket EDS08561-17
