HomeMy WebLinkAbout00-08003
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-08003 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUESENBERRY CHRISSTOPHER M
VS
CARISLE AREA SCHOOL BOARD
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within APPEAL OF SCHOOL EXPULSIO was served upon
CARLISLE AREA SCHOOL DISTRICT ATTN: GERALD FOWLER, SPRINTNDT the
APPELLEE
, at 0913:00 HOURS, on the 27th day of November, 2000
at 623 WEST PENN ST.
CARLISLE, PA 17013
by handing to
DR. GERALD FOWLER
a true and attested copy of APPEAL OF SCHOOL EXPULSIO together with
NOTICE OF APPEAL
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10,00
.00
31.10
So Answers:
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R. Thomas Kline
11/28/2000
DISABILITY
Sworn and Subscribed to before By:
me this /Af'
day of
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08003 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUESENBERRY CHRISSTOPHER M
VS
CARISLE AREA SCHOOL BOARD
RICHARD E, SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within APPEAL OF SCHOOL EXPULSIO was served upon
CARLISLE AREA SCHOOL DISTRICT BOARD OF DIRECTORS
the
APPELLEE
, at 0913:00 HOURS, on the 27th day of November, 2000
at ATTN: FRED BALDWIN
623 WEST PENN ST.
CARLISLE, PA 17013
by handing to
DR. GERALD FOWLER, ADULT IN
CHARGE
a true and attested copy of APPEAL OF SCHOOL EXPULSIO together with
NOTICE OF APPEAL
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10,00
.00
16.00
So Answers:
.:r~~
R. Thomas Kline
11/28/2000
DISABILITY
Sworn and Subscribed to before By:
me this /..-r
day of
)#f"-'~ .;2.ov-v A.D.
C} 0 ~$27
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r'tthonot~
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CHRISTOPHER MICHAEL QUESENBERRY,
a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA
QUESENBERRY, individually
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS
Appellees.
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PA
: No. 00-8003 Civil Term
: Civil Action - Equity
: APPEAL OF SCHOOL EXPULSION
CERTIFICATE OF SERVICE
I, Paula K. Knudsen, Certified Legal Intern, Family Law Clinic, hereby certify that I have
served a true and correct copy of the Praecipe to Withdraw on Frank Clark, attorney for
appellees, at 3045 Market Street, 2nd Floor, Camp Hill, PA, 17011, by depositing a copy ofthe
same in the United States mail, First Class, postage prepaid on this 30th day of January, 2001.
-~r~
Paula K. Knudsen
Certified Legal Intern
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
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CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA
QUESENBERRY, individually
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISlE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS
Appellees.
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO, 00-8003 CIVIL TERM
: CIVIL ACTION - EQUITY
: APPEAL OF SCHOOL EXPULSION
PRAECIPE
Kindly withdraw the Notice of Appeal in the above-captioned matter.
Dated:
r/2.<l/)1
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DISABILITY LAW CLINIC
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By:
TH S M. PLACE
ROBERT E, RAINS
TERI L. HENNING
Supervising Attorneys
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Appellants
Nail 15 20i}OP;
CHRISTOPHER M1CHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
: IN TIIE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 8003 CIVIL TERM
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
: APPEAL OF SCHOOL EXPULSION
~ ORDER OF COURT
AND NOW, this OC day of ~, 2000, upon consideration of the
attached Notice of Appeal, it is hereby ordered that a hearing is scheduled for the above-
captioned matter for the
day of
, 2000 at
o'clock M in
Courtroom Number
of the Cumberland County Courthouse, Carlisle, Pennsylvania
17013, at which time the parties, along with their legal counsel, shall appear.
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CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 8003
CIVIL TERM
: APPEAL OF SCHOOL EXPULSION
AND NOW, this
ORDER OF COURT
day of , 2000, upon consideration of the
attached Notice of Appeal, it is hereby Ordered as follows:
1. The decision of the Carlisle Area School District and the Carlisle Area School
District Board of Directors to expel Christopher Michael Quesenberry is reversed.
2. The Carlisle Area School District and the Carlisle Area School District Board of
Directors shall immediately reinstate Christopher Michael Quesenberry in school.
3. The Carlisle Area School District and the Carlisle Area School District Board of
Directors shall provide Christopher Michael Quesenberry with compensatory
education time.
4. Such ~!her relief as deemed appropriate by the Court:
;;:;."
BY THE COURT,
1.
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CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY,msG~&~,~d
GARY AND TERESA QUESENBERRY,
in&vidually,
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - ~OV3
CIVIL TERM
Appell~ts,
v.
CARLISLE AREA SCHOOL
DISTRICT ~d CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
: APPEAL OF SCHOOL EXPULSION
NOTICE OF APPEAL
Christopher Michael Quesenberry ("Michael") , a minor, ~d Gary ~d Teresa
Quesenberry, his parents, hereby appeal the action of the Carlisle Area School District, expelling
Michael from public school for the remainder of the 2000-2001 school year, taken on October
12,2000. In support of the appeal, Appell~ts state as follows:
1. Christopher Michael Quesenberry is a minor, residing at 206 Faith Circle, Carlisle,
Cumberl~d County, Peunsylvania 17013.
2. Gary ~d Teresa Quesenberry are Michael's parents ~d natural guar&~s. Gary
Quesenberryr.esides at 502 North Baltimore Avenue, Mount HollySprings, Cumberl~d '
County, Pennsylv~ia 17065. Teresa Quesenberry resides at 206 Faith Circle, Carlisle,
Cumberland County, Pennsylvania 17013.
3. On October 11, 2000, the Disciplinary Committee of the Carlisle Area School District
Board of Directors held a hearing relating to ~ allegation that Michael brought a knife to
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school. After that hearing, the Disciplinary Committee recommended that Michael be
expelled for the remainder of the 2000-2001 school year.
4. At a special Board of Directors meeting on October 12, 2000, the Board of Directors
voted to adopt the Disciplinary Committee's recommendation, and expelled Michael
from school for the remainder of the school year.
5. In a letter dated October 13, 2000, the School District informed Michael's parents of the
decision to expel. A true and correct copy of the October 13, 2000 letter and the October
12, 2000 decision to expel is attached hereto as Exhibit "A" and incorporated herein by
reference.
6. This Court has jurisdiction over this appeal pursuant to 2 Pa.C.S. 751 et seq.
7. The decision to expel was allegedly based upon the following "findings offact": 1) that
Michael is in ninth grade and suffers from a learning disability; 2) that Michael
"admittedly" took to school in his book bag a hunting knife; 3) that a "Manifestation
Determination" was made and his disability had no effect on his conduct; 4) that Michael
had no prior disciplinary problems.
8. Appellees' action was an abuse of discretion, in violation of the law, in violation of
Appellant's due process rights, and not based upon substantial evidence.
9. Appellees' action was not based upon substantial evidence because there was no proper
Manifestation Determination review prior to the October 12, 2000 decision, and the
factual determination that the disability had no effect on his conduct was in error. In
addition, Appellees failed to properly consider the nature and extent of Michael's
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disabilities in recommending and adopting expulsion. Appellees also failed to properly
review Michael's school and disciplinary record.
10. Appellees' action was improper and in violation of state and federal law in a number of
ways, including, but not limited to, the following:
a. Appellees' decision to expel Michael was inappropriate and unwarranted under
the circumstances.
b. Appellees failed to follow applicable state and federal laws and regulations in
disciplining Michael, in reviewing his Individualized Education Plan ("IEP"), in
failing to give proper notice to Michael's parents, in failing to make a proper
Manifestation Determination, and in recommending and adopting expulsion as the
appropriate punishment.
c. The Manifestation DeterminationlIEP which determined that Michael's actions
were not a manifestation of his disability was wrong and not supported by
substantial evidence.
d. Michael's parents, Gary and Teresa Quesenberry, were not given notice of or the
opportunity to participate in the Manifestation DeterminationlIEP review prior to
the decision to expel, in violation of state and federal law.
e. Appellees' proposed options regarding Michael's continued education violate his
right to a free appropriate public education.
f. Appellees failed to follow the procedures and requirements of the Pennsylvania
School Code, including, but not limited to, 24 P.S. Sections 13-1318, 13-1371
through 13-1377, and implementing regulations, 22 Pa.Code Chapters 12 and 14.
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g. Appellees failed to follow the procedures and requirements of the Individuals with
Disabilities Education Act ("IDEA"), 20 U.S.c. 1400 et seq. and implementing
regulations, 34 CFR Part 300, as well as 29 U.S.C. Section 794 and implementing
regulations, 34 CFR Part 104, and Title II of the Americans with Disabilities Act,
42 U.S.C. 12131 et seq. and implementing regulations at 28 CFR 35.101 et seq.
h. Appellees unilaterally changed the placement of Michael in violation of
Pennsylvania law and the IDEA.
L Appellees failed to conduct a proper Manifestation Determination ReviewlIEP
team meeting prior to the disciplinary action.
J. Appellees improperly determined that Michael's actions were not a manifestation
of his disability and/or that his disability had no effect on his conduct.
k. Appellees failed to present Gary and Teresa Quesenberry with a Notice of
RecornmendedAssignment, as required by 22 Pa.Code Chapter 14.
1. Appellees refused to allow Michael to return to school pending any administrative
or judicial proceedings, in violation of "stay-put" provisions in state and federal
law.
11. Appellants' failure to follow the requirements of state and federal law, including, but not
limited to the violations identified above, constitutes a violation of Christopher Michael
Quesenberry's due process rights under the State and Federal Constitutions.
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WHEREFORE, Christopher Michael Quesenberry and Gary and Teresa Quesenberry
respectfully request that this Court reverse Appellees' decision to expel Christopher Michael
Quesenberry, order Appellees to immediately reinstate Christopher Michael Quesenberry, and
award Christopher Michael Quesenberry compensatory education time, and such other relief as
this Court deems appropriate.
November 13, 2000
\~attA t~
Paula K. Knudsen
Certified Legal Intern
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THoMAs M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
DISABILITY LAW CLJNIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
Attorneys for Plaintiffs
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CARll.SLE AREA SCHOOL DISTRICT
623 West Penn Street
Carlisle, Pennsylvania 17013-2298
Gerald L. Fowler. Ph.D.. Superintendent
Centra1.Admlnl5traUon
117-2~eoo
Fax
117-240-6898
October 13, 2000
MRS TERESA QUESENBERRY
206 FAITH CIRCLE
CARLISLE PA 17013
RE: Christopher Michael Quesenberry
Dear Mrs. Qesenberry:
Attached please find a copy of the Adjudication for Christopher Michael Quesenberry,
which was approved by the Board of Directors of the Carlisle Area School District at a
special board meetmg held on October 12,2000.
Please note that the Adjudication speaks to the reentry process for Christopher Michael
If you have any questions 0 concerns, please do not hesitate to contact me.
JWF:caa
attacIunents
cc: Mr. Gary Quesenberry
Mr. Michael Alessandroni
Assistant Principal
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IN RE: EXPULSION HEARING
FOR CHRISTOPHER MICHAEL QUESENBERRY
On the 11th day of October, 2000 at 4:00 p.m., a disciplinary committee of the
School Board consisting of Fred Baldwin," Chairman, Linda Manning and ArIand
Wagonhurst, held a student disciplinary hearing at the Swartz Building of the Carlisle
Area School District. The student, Christopher Michael Quesenberry, appeared with his
mother and father. After hearing testimony, the committee recommends tne following:
ADJUDICATION
findinas of Fact
1.
The student, Christopher Michael Quesenberry, is in ninth grade and suffers from
a learning disability.
He admittedly took to school in his book bag a hunting knife.
A Manifestation Determination was made and his disability had no effect on his
conduct.
The student had no prior disciplinary problems.
2.
3.
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4.
CONCLUSION
The cond,:!ct of Christopher Michael Quesenberry constituted a violation of Act
145 of 1996 of the General Assembly and of the Regulations of this School District.
DISPOSITION
The student, Christopher Michael Quesenberry, is hereby expelled from the public
school of the Carlisle Area School District for the remainder of the 2000-2001 school
year. He shall be given instruction by the school Special Education Department twelve
(12) to sixteen (16) hours a week during the period of suspension.
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VERIFICATION
I verify that the statements made in the foregoing Notice of Appeal are true and
correct, to the best of my knowledge, information and belief. I understand making any false
statement would subject me to the penalties of 18 Pa,C.S. ~4904, relating to unsworn
falsification to authorities.
Date: 13 JoU("? Iv ZOOb
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CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
NOV 1. 5 ZGGfJjJ
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 8003 CNIL TERM
: APPEAL OF SCHOOL EXPULSION
ORDER OF COURT
AND NOW, this
day of
, 2000, upon consideration of the
attached Notice of Appeal, it is hereby ordered th.at a hearing is scheduled for th.e above-
captioned matter for th.e
day of
, 2000 at
o'clock M in
Courtroom Number
of the Cumberland County Courthouse, Carlisle, Pennsylvania
17013, at which time the parties, along with. th.eir legal counsel, shall appear.
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BY THE COURT,
J.
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CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
Appellants,
v.
CARLffiLEAREASCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
N1JV 1 5 200DDP
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 8003
CIVIL TERM
: APPEAL OF SCHOOL EXPULSION
AND NOW, this
ORDER OF COURT
day of , 2000, upon consideration of the
attached Notice of Appeal, it is hereby Ordered as follows:
1. The decision of the Carlisle Area School District and the Carlisle Area School
District Board of Directors to expel Christopher Michael Quesenberry is reversed.
2. The Carlisle Area School District and the Carlisle Area School District Board of
Directors shall immediately reinstate Christopher Michael Quesenbeny in school.
3. The Carlisle Area School District and the Carlisle Area School District Board of
Directors shall provide Christopher Michael Quesenbeny with compensatory
education time.
4. Such ~!her relief as deemed appropriate by the Court:
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BY THE COURT,
1.
,
CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
NOV 1 5 200rtP
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
:NO. 00 - 8003 CIVIL TERM
: APPEAL OF SCHOOL EXPULSION
ORDER OF COURT
AND NOW, this
day of
,2000, upon consideration of the
attached Notice of Appeal, it is hereby ordered that a hearing is scheduled for the above-
captioned matter for the
day of
, 2000 at
o'clock M in
Courtroom Nwnber
of the Cwnberland County Courthouse, Carlisle, Pennsylvania
17013, at which time the parties, along with their legal counsel, shall appear.
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BY THE COURT,
1.
,.,
CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
Appellants,
v.
CARLffiLEAREASCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
NOV 15 2000bb
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 800:.)
CIVIL TERM
: APPEAL OF SCHOOL EXPULSION
AND NOW, this
ORDER OF COURT
day of , 2000, upon consideration of the
attached Notice of Appeal, it is hereby Ordered as follows:
I. The decision of the Carlisle Area School District and the Carlisle Area School
District Board of Directors to expel Christopher Michael Quesenberry is reversed.
2. The Carlisle Area School District and the Carlisle Area School District Board of
Directors shall immediately reinstate Christopher Michael Quesenberry in school.
3. The Carlisle Area School District and the Carlisle Area School District Board of
Directors shall provide Christopher Michael Quesenberry with compensatory
education time.
4. Such ~!her relief as deemed appropriate by the Court:
F'""';~
BY THE COURT,
1.
0'-
CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY, his Guardians, and
GARY AND TERESA QUESENBERRY,
individually,
Appellants,
v.
CARLISLE AREA SCHOOL
DISTRICT and CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
NOV 1 5 2000lP
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 8003 CIVIL TERM
: APPEAL OF SCHOOL EXPULSION
ORDER OF COURT
AND NOW, this
day of
,2000, upon consideration of the
attached Notice of Appeal, it is hereby ordered that a hearing is scheduled for the above-
captioned matter for the
day of
, 2000 at
o'clock M in
Courtroom Number
of the Cumberland County Courthouse, Carlisle, Pennsylvania
17013, at which time the parties, along with their legal counsel, shall appear.
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BY THE COURT,
1.
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CHRISTOPHER MICHAEL
QUESENBERRY, a minor, by
GARY AND TERESA
QUESENBERRY,msG~ili~,~d
GARY AND TERESA QUESENBERRY,
inilividua11y,
Appell~ts,
v.
CARLISLE AREA SCHOOL
DISTRICT ~d CARLISLE AREA
SCHOOL DISTRICT BOARD OF
DIRECTORS,
Appellees.
NOV 1 5 2000 I'P
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
:NO. 00 - 8003
CIVIL TERM
: APPEAL OF SCHOOL EXPULSION
AND NOW, this
ORDER OF COURT
day of ,2000, upon consideration of the
attached Notice of Appeal, it is hereby Ordered as follows:
1. The decision of the Carlisle Area School District ~d the Carlisle Area School
District Board of Directors to expel Christopher Michael Quesenbeny is reversed.
2. The Carlisle Area School District ~d the Carlisle Area School District Board of
Directors shall irnmeiliately reinstate Christopher Michael Quesenbeny in school.
3. The Carlisle Area School District ~d the Carlisle Area School District Board of
Directors shall provide Christopher Michael Quesenbeny with compensatory
education time.
4. Such ?!her relief as deemed appropriate by the Court:
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BY THE COURT,
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