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HomeMy WebLinkAbout05-2782 II r D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR. JOHN STONER and: CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. I? S, ;} 712 CIVIL 2005 SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS, Respondent : (Local Agency Appeal) C) ,,' ,~'-;:) <:.:-::' ('jl ::) -n APPEAL AND PETITION FOR HEARING DENOVO ::;.~ f'...) ~:~ ,:;~ AND NOW comes the minor petitioner, D. S., by his parents, Dr, Johff'Stdri~l: and Elizabeth Riep, who file this appeal from the action of the ShippensburgArea,' School District Board of Directors taken on May, 9, 2005, and respeCffOlly r~Qrese.Jits: .c__ "'1 :~} 1. The minor petitioner is 17 years of age, having been born July ft, 198'7 ahCl has been a student in the eleventh grade at the Shippensburg Area Senior High School. 2. Petitioner is currently enrolled at Summit Achievement located at 69 Deer Hill Road, Stow, Maine, 04037. 3. The Respondent School Board is a local agency as defined in Local Agency Law, LAL, 2 Pa. C.S.A. S1 01, and has responsibility of administration and of proper and lawful manner of the affairs of the Shippensburg Area School District. 4. The basis for jurisdiction of this court is Local Agency Law, 2 Pa. C.S.A. S752 and 42 Pa. C.S.A. s933(a)(2). 5. On May 9, 2005, Monday, a formal hearing was held in the Shippensburg Area School District regarding the expulsion of petitioner pursuant to an April 29, 2005, notice that was provided to petitioner by Shippensburg Area School District (exhibit 1 attached and incorporated herein as if fully set forth). 6. Via a May 11, 2005, communication addressed to petitioners counsel, petitioner was advised that the Shippensburg Area School District School Board voted to expel petitioner from "Schools of the Shippensburg Area School District for the remainder of the 2004/2005 school year." ; in addition, petitioner was advised that "(petitioner) will be placed in an alternative school for the remainder of the 2004/2005 school year and/or receive homebound instruction, both at the parents expense, for the remainder of the 2004/2005 school year"; and that the "(petitioner) will be reevaluated in August 2005 for possible re-admittance consideration." 1.1 I il I 7. On May 12, 2005 the Shippensburg Area School District solicitor advised petitioners counsel for the first time that the tape recording machine used to record testimony at the May 9, 2005 formal hearing malfunctioned and that there is no record for the May 9, 2005 formal hearing. 8. Before and at the May 9, 2005 formal hearing, petitioner raised due process issues in two areas: (a) Failure by the Shippensburg Area School District to follow the statutory requirements providing for an opportunity to participate in an informal hearing prior to the suspension of petitioner as well as during the ten days suspension that occurred from April 12, 2005 through April 27, 2005. (b) Failure by the Shippensburg Area School District to provide sufficient and proper formal hearing notice to the petitioner. 9. No adjudication has been issued and even were one to issue, an appeal and petition for denovo review would follow as a result of the nonexistent record for the May 9, 2005 hearing. 10. Petitioner is expected to complete his junior year at Summit Achievement. Wherefore, petitioner requests this honorable court schedule a denovo hearing in this matter regarding petitioners inappropriate expulsion from Shippensburg Area School District in an attempt to maintain the integrity of the record and for the sake of judicial economy. 6ptth.r c-'.'_ 'Galen R. Waltz, Es Turo Law Office 28 S. Pitt Street Carlisle, PA 17013 717-245-9688 '. Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Office of the Superintendent 717-530-2721 April 29, 2005 Elizabeth Riep Dr. Stoner 106 Hollar Aveuue Shippensburg, P A 17257 Dear Ms. Riep and Dr. Stoner: The purpose of this correspondence is to notifY you and your son, Daniel Stoner, of the rescheduled formal hearing to be held on Monday, May 9, 2005 at 5:30 p.m. in the Media Center at the Middle School, 101 Park Place, Shippensburg, PA 17257. The Student Relations Committee of the Shippensburg Area School District Board of School Directors will hear your case. The purpose of this formal hearing will be the disposition of charges made against Daniel Stoner as a result of an incident that occurred at Shippensburg Area Senior High School on Tuesday, April 12, 2005, involving the possession and distribution of controlled substances as presently defined under School District policy. Disposition of the following charges of alleged violations will occur at the scheduled hearing: · Possession and distribution of a controlled substance on school property, in violation of the Shippensburg Area School District's Policy #227, Controlled Substances/Paraphernalia paraphrased within the Shippensburg Area Senior High School Handbook pp. 71- 76 and the Code of Rights, Responsibilities and Student Discipline. The formal hearing will be conducted in accordance with School Board Policy #233, Suspension and Expulsion and constitutional due process requirements and will be a private hearing unless a public hearing is requested by the student or his parents. The student, Daniel Stoner, shall be entitled to representation by legal counsel at the formal hearing, as well as the opportunity to present evidence and to testify on his own behalf. The student shall also have the right to present witnesses to testifY on his behalf, as well as the right to disclosure of the names of District witnesses and the testimony to be provided by these witnesses. EXHIBIT I I Ms. FUep/I>r. Stoner April 29, 2005 Page 2 The School District anticipates calling the following person as a witness in this proceeding but reserves the right to provide a revised witness list in advance of the continued hearing date: 1. Mr. Greg Miller Assistant Principal Shippensburg Area Senior High School The formal hearing shall be electronically recorded and shall be conducted with all reasonable speed. The student has the right to receipt of a copy of the transcript of the hearing, but this shall be at the expense of the student and not the school district. Please be present promptly at 5:30 p.m. on May 9,2005 and be prepared at that time to proceed with the formal disposition of the charges of alleged violations previously set forth in this correspondence. Copies of the relevant School District policies herein are enclosed herewith to aid you and your legal counsel in preparation for this proceeding. SincerelY,./ Irv~'v\~ ~eline i'esney ;' Superintendent JJL:myb C: Greg Miller Deb Westover Jerry A. Weigle, Esquire James Flower, Esquire Galen R. Waltz, Esquire,/" r CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Appeal and Petition For Hearing Denovo, by depositing same in the United States Mail, first class, postage pre-paid on the ;:? 1 day of I"? ~ Y , 2005, from / Carlisle, Pennsylvania, addressed as follows: Jerry A. Weigle, Esquire Solicitor For SASD 126 East King Street Shippensburg, PA 17257 Superintendent Jacqueline Lesney 317 North Morris Street Shippensburg, PA 17257 James D. Flower, Jr., Esquire Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2922 alen R. Waltz, Es 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~~ ~. ~ ~ ~ ~. :;J " '\ ~ " ~ Y\~ !/\ ~ ~ ~\6 \ ' ~, . -, ~ ~ ~ ...., 1:-:" r.:; ::j:~ ~Tl -,,~ ;~ -"., ' " C.,) _J _....~, ~J) -- Ci;) II I D. S., a minor : IN THE COURT OF COMMON PLEAS ( By his parents DR. JOHN STONER and: CUMBERLAND COUNTY, PENNSYLVA ELIZABETH RIEP : CIVIL ACTION LAW JUN' Petitioners : RECEIVED 01, v. : NO. 05- ,;) 78;) CIVIL ~vv3 .. SHIPPENSBURG AREA SCHOOL : (Local Agency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent Order AND NOW, This /p.{). day of , 2005 after reviewing the Appeal and Petition for Hearing Denovo regardin the non-existent record of a formal hearing a~ well as no existing adjudication in this public school expulsion matter, a denovo hearing is scheduled for ~day of -C\.t..J..t 1 ,2005 at Courtroom Number _2L. at \ JD A,MJPM before the Honorgble tooa,,- tJ. ~LI'Y . At that hearing testimony shall be presented regarding the alleged violation of "possession and distribution of a controlled substance on school property, in violation of the Shippensburg Area School Districts Policy Number 227, Control Substance - Paraphernalia paraphrased within the Shippensburg Area Senior School handbook pages 71-76 and the Code of Rights, responsibilities and student discipline." Either party may request a pre-hearing conference in advance of the ab . scheduled denovo hearing. ///-.......- ,// ~ / / // ~C'~,~ Date J. c.c~en R. Waltz, Esquire Xrry A. Weigle, Esquire /ames D. Flower, Jr., Esquire .:.&perintendent Jacqueline Lesney ~ 0& -() 7-{)6 ~ VIN\I;\lASN~dd A1Nn~'-' n' '\rl ,~,-. \On.... \,).,) '..;'-:,,' :~:\-:j::Jhl V 20 :~ I~d 9- Nnr SOOl ^~:NlONOH10t:ld 3Hl :JO 381:l.:l0-031H - 566886.1 James E. Ellison, Esquire Attorney J.D. No. 81372 Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108.1146 (717) 233-5731 Attorneys for Shippensburg Area School District Board of Directors D.s., a minor By his parents DR. JOHN STONER and ELIZABETH RIEP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS LOCAL AGENCY APPEAL JUDGE EDGAR B. BAYLEY Respondent, MOTION TO OUASH APPEAL AND PETITION FOR HEARING DE NOVO NOW COME, the Shippensburg Area School District Board of Directors, by and through their Attorneys, Rhoads and Sinon LLP, and file the within Motion to Quash Appeal and Petition for Hearing De novo as follows: 1. The Shippensburg Area School District Board of Directors (the "Board") oversees the direction and maintenance of the Shippensburg Area School District (the "District"). 2. Petitioner is a seventeen (17) year old minor student formerly enrolled within the District. -2- 3. On April 12, 2005, the Petitioner was involved in an incident that occurred at the Shippensburg Area Senior High School concerning his possession and distribution of controlled substances. 4. On May 9, 2005 an expulsion hearing regarding Petitioner's actions was held. 5. Following the hearing, but before an adjudication was issued by the Board, the Petitioner filed a Local Agency Law appeal ("Appeal and Petition for Hearing Denovo[sic]") with this Court on or about May 26, 2005. A true and correct copy of said appeal is attached hereto as Exhibit "A". 6. The Local Agency law specifically provides in pertinent part that "[A ]ny person aggrieved by an adjudication ofa local agency...shall have the right to appeaL.." 2 Pa. C.S. S752 (emphasis added). 7. Indeed, in paragraph 9 of the Appeal and Petition for Hearing De novo, Petitioner readily concedes that the Board did not issue an adjudication with respect to the May 9, 2005 hearing. 8. As Petitioner concedes that no adjudication was issued prior to filing his petition, Petitioner's Local Agency Law appeal is not ripe. 9. Consequently, the instant appeal is improper under 2 Pa. C.S. S752 because, as Petitioner concedes, there was no underlying adjudication. By: ~/ CA~-.... WHEREFORE, The Shippensburg Area School District Board of Directors respectfully requests that this Honorable Court grant the instant Motion to Quash Appeal and Petition for Hearing De novo. RHOADS & SINON LLP Dated: June 10,2005 James E. Ellison, Esquire Vincent L. Champion, Esquire One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for the Shippensburg Area School District Board of Directors - 3 - '" ~ Ci ;:< '" ~J~\'D~\ D. S.. a minor : IN THE COURT OF COMMON PLEAS OF By his parents OR JOHN STONER and: CUMBERLAND COUNTY. PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. CIVIL 2005 SHIPPENSBURG AREA SCHOOL : (Local Agency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent APPEAL AND PETITION FOR HEARING DENOVO AND NOW comes the minor petitioner, D. S., by his parents, Dr. John Stoner and Elizabeth Riep, who file this appeal from the action of the Shippensburg Area School District Board of Directors taken on May, 9, 2005, and respectfully represents: 1. The minor petitioner is 17 years of age, having been born July 17,1987 and has been a student in the eleventh grade at the Shippensburg Area Senior High School. 2. Petitioner is currently enrolled at Summit Achievement located at 69 Deer Hill Road, Stow, Maine, 04037. 3. The Respondent School Board is a local agency as defined in Local Agency Law, LAL, 2 Pa. C.S.A. ~101, and has responsibility of administration and of proper and lawful manner of the affairs of the Shippensburg Area School District 4. . The basis for jurisdiction of this court is Local Agency Law, 2 Pa. C.SA ~752 and 42 Pa. C.S.A. ~933(a)(2). 5. On May 9, 2005, Monday, a formal hearing was held in the Shippensburg Area School District regarding the expulsion of petitioner pursuant to an April 29, 2005, notice that was provided to petitioner by Shippensburg Area School District (exhibit 1 attached and incorporated herein as if fully set forth). 6. Via a May 11, 2005, communication addressed to petitioners counsel, petitioner was advised that the Shippensburg Area School District School Board voted to expel petitioner from "Schools of the Shippensburg Area School District for the remainder of the 200412005 school year." ; in addition, petitioner was advised that "(petitioner) will be placed in an alternative school for the remainder of the 2004/2005 school year and/or receive homebound instruction, both at the parents expense, for the remainder of the 2004/2005 school year"; and that the "(petitioner) will be reevaluated in August 2005 for possible re-admittance consideration: 7. On May 12, 2005 the Shippensburg Area School District solicitor advised petitioners counsel for the first time that the tape recording machine used to record testimony at the May 9, 2005 formal hearing malfunctioned and that there is no record for the May 9,2005 formal hearing. 8. Before and at the May 9. 2005 formal hearing, petitioner raised due process issues in two areas: (a) Failure by the Shippensburg Area School District to follow the statutory requirements providing for an opportunity to participate in an informal hearing prior to the suspension of petitioner as well as during the ten days suspension that occurred from April 12, 2005 through April 27, 2005. (b) Failure by the Shippensburg Area School District to provide sufficient and proper formal hearing notice to the petitioner. 9. No adjudication has been issued and even were one to issue, an appeal and petition for denovo review would follow as a result of the nonexistent record for the May 9, 2005 hearing. 10. Petitioner is expected to complete his junior year at Summit Achievement. Wherefore, petitioner requests this honorable court schedule a denovo hearing in this matter regarding petitioners inappropriate expulsion from Shippensburg Area School District in an attempt to maintain the integrity of the record and for the sake of judicial economy. $;;6 /~ts- .-Galen R. Waltz. Es Turo Law Office 28 S. Pitt Street Carlisle, PA 17013 717-245-9688 Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Office of the Superintendent 717.530-2721 April 29, 2005 Elizabeth Ricp Dr. Stoner 106 Hollar Aveuue Sbippensburg, P A 17257 E'l-h,b,+ 1 Dc~ Ms. Riep and Dr. Stoner: The purpose of this corrcspondence is to notifY you and your son, Daniel Stoner, of the rescheduled formal hearing to be held on Monday, May 9, 2005 at 5;30 p.m. in the Media Center at the Middle School, 101 Park Place, Shippensburg, P A 17257. The Student Relations Committee of theShippensburg Area School District Board of School Directors will hear your case. The purpose of this formal hearing will be the disposition of charges made against Daniel Stoner as a result of an incident that occurred at Shippensburg Area Senior High Sc;hool on Tuesday, April 12, 2005, involving the possession and distribution of conttoUed substances as presently defined under School District policy. Disposition of the following cl=gcs of alleged violations will occur at the scheduled hearing: . Possession and distribution of a: controlled sUbstmce on schoo! oropertv. in violation of the Shippensburg Area School District's Policy #227;, Controlled SubstanceslParaphemalia paraphrased within the Shippensburg ArCa Senior High School Handbook pp.71-76 and the Code of Rights, Responsibilities and Student Discipline. The formal hearing will be conducted in accordance with School Board Policy #233, Suspension and Expulsion and constitutional due process requirements and will be a private hearing unless a. public hearing is requested by the student or his parents. The student, Daniel Stoner, shall be entitled to representation by legal counsel at the formal hearing, as welI as the opportunity to present evidence and to testify on his own behalf. 'rhe student shall also have the right to present witnesses to testifY on his behalf, as well. as the right to disclosure of the names of District. witnesses and the testimony to be provided by these witnesses. Ms. Riep/Dr. Stoner April 29, 2005 Pagc 2 The School District anticipates calling the following person as a wilDesa in this proceeding but rescrves the right to provide a revised witness list in advance ofllie continued hearing date: I. Mr. Greg Miller Assistant Principal Shippensburg Area Senior High School The formal hearing shall be eleCtronically recorded and shall be conducted with all reasonable speed. The student has the right to receipt of a copy of the transcript of thc hearing, but this shall be at thc expense of the student and not the school district. Pleasc be present promptly at 5:30 p.m. on May 9, 2005 and be prepared at that time to proceed with thc formal disposition of the charges of alleged violations previously set forth in this correspondence. Copies of the relevant School District policies herein are encloscd hcrewith to aid you and your lcgal counsel in prcparation for this proceeding. s;~~'~, ~,~q I Superintendent JJL:myb c: Greg Miller Deb Westover Jerry A. Weigle, Esquire James Flowcr, Esquire ,- Galen R. Waltz, Esquire ./ CERTIFICATE OF SERVICE I, Galen R. Waltz. Esquire hereby certify that I served a true and correct copy of the Appeal and Petition For Hearing Denovo, by depositing same in the United States Mail, first class, postage pre-paid on the ,;:< 1 day of /"1 ~ of , 2005, from / Carlisle, Pennsylvania, addressed as follows: Jerry A. Weigle, Esquire Solicitor For SASD 126 East King Street Shippensburg, PA 17257 Superintendent Jacqueline Lesney 317 North Morris Street Shippensburg, PA 17257 James D. Flower, Jr., Esquire Saidis, Shuff. Flower & Lindsay 26 West High Street Carlisle, PA 17013-2922 alen R. Waltz, Es 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~~ CERTIFICATE OF SERVICE I hereby certify that on this 10th day of June, 2005, a true and correct copy ofthe foregoing Motion to Quash Appeal and Petition for Hearing De novo was served by means of United States Mail, postage prepaid upon the following: Galen R. Waltz, Esquire Turo Law Office 28 S. Pitt Street Carlisle, PA 17013 /Edie Cassel 0 '" 0 = ~~;; = "7, "-... i"1 , L.. :C." c::: :..~ n'r~ -om :bcJ 0 0(:' -..,.J_,.., -r:J' ~~ :z ':-:1 ';;! :n 0:> .-< 566947.\ James E. Ellison, Esquire Attorney 1.0. No. 81372 Vincent L. Champion, Esquire Attorney 1.0. No. 8841 I RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shippensburg Area School District Board of Directors D.S., a minor By his parents DR. JOHN STONER and ELIZABETH RIEP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS LOCAL AGENCY APPEAL JUDGE EDGAR B. BAYLEY Respondent, MOTION FOR RECONSIDERATION OF ORDER OF COURT DATED JUNE 6. 2005 NOW COME, the Shippensburg Area School District Board of Directors, by and through their Attorneys, Rhoads and Sinon LLP, and file the within Motion for Reconsideration as follows: I. The Shippensburg Area School District Board of Directors (the "Board") oversees the direction and maintenance of the Shippensburg Area School District (the "District"). 2. Petitioner is a seventeen (17) year old minor student formerly enrolled within the District. 2 .' 3. On April 12, 2005, the Petitioner was involved in an incident that occurred at the Shippensburg Area Senior High School concerning his possession and distribution of controlled substances. 4. On May 9, 2005 an expulsion hearing regarding Petitioner's actions was held. 5. Following the hearing, but before an adjudication was issued by the Board, the Petitioner filed a Local Agency Law appeal ("Appeal and Petition for Hearing Denovo[ sic]") with this Court on or about May 26, 2005. A true and correct copy of said appeal is attached hereto as Exhibit "A". 6. The Board received a copy of the Petitioner's Appeal and Petition for Hearing De novo on or about June 1,2005. 7. On June 6, 2005, prior to the filing of a response by the Board, this Court granted Petitioner's Appeal and Petition for Hearing De novo, and entered an Order scheduling a De novo hearing on July 7, 2005 at 1 :30pm. 8. The Board respectfully submits that the entry of the June 6, 2005 Order effectively eliminates any meaningful opportunity to respond to the averments set forth in the Appeal and Petition for Hearing De novo and persuade the Court of the merits of its (the Board's) position over that of Petitioner's prior to any judicial determination. 9. Providing the Board with an opportunity to respond to the Petitioner's Appeal and Petition for Hearing De novo prior to ruling on the same will further interests of judicial economy in that, upon consider of the Board's response, this Court may find it unnecessary to hold a hearing De novo and elect to remand this matter to the Board for further proceedings. By: ~/a. , . WHEREFORE, The Shippensburg Area School District Board of Directors respectfully requests that this Honorable Court grant its Motion for Reconsideration of Order of Court dated June 6,2005 and permit an adequate opportunity to respond to the Petitioner's Appeal and Petition for Hearing De novo. RHOADS & SINON LLP Dared: June 10,2005 James E. Ellison, Esquire Vincent L. Champion, Esquire One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for the Shippensburg Area School District Board of Directors 3 ~ ~ :T 0' ""' :> (; ~~llo;~ A . . D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR. JOHN STONER and: CUMBERlAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. :NO. CIVIL 2005 SHIPPENSBURG AREA SCHOOL : (Local Agency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent APPEAL AND PETITION FOR HEARING DENOVO AND NOW comes the minor petitioner, D. S.. by his parents, Dr. John Stoner and Elizabeth Riep, who file this appeal from the action of the Shippensburg Area School District Board of Directors taken on May, 9, 2005, and respectfully represents: 1. The minor petitioner is 17 years of age, having been born July 17, 1987 and has been a student in the eleventh grade at the Shippensburg Area Senior High School.. 2. Petitioner is currently enrolled at Summit Achievement located at 69 Deer Hill Road, Stow, Maine, 04037. 3. The Respondent School Board is a local agency as defined in Local Agency Law, LAL, 2 Pa. C.SA 9101, and has responsibility of administration and of proper and lawful manner of the affairs of the Shippensburg Area School District 4. . The basis for jurisdiction of this court is Local Agency Law, 2 Pa. C.S.A 9752 and 42 Pa. C.S.A. 9933(a)(2). 5. On May 9, 2005, Monday, a formal hearing was held in the Shippensburg Area School District regarding the expulsion of petitioner pursuant to an April 29. 200S, notice that was provided to petitioner by Shippensburg Area School District (exhibit 1 attached and incorporated herein as if fully set forth). 6. Via a May 11, 2005, communication addressed to petitioners counsel, petitioner was advised that the Shippensburg Area School District School Board voted to expel petitioner from "Schools of the Shippensburg Area School District for the remainder of the 2004/2005 school year." ; in addition, petitioner was advised that "(petitioner) will be placed in an alternative school for the remainder of the 2004/2005 school year and/or receive homebound instruction, both at the parents expense, for the remainder of the 2004/2005 school year"; and that the "(petitioner) will be reevaluated in August 2005 for possible re-admittance consideration." 7. On May 12, 2005 the Shippensburg Area School District solicitor advised petitioners counsel for the first time that the tape recording machine used to record testimony at the May 9, 2005 formal hearing malfunctioned and that there is no record for the May 9, 2005 formal hearing. 8. Before and at the May 9, 2005 formal hearing, petitioner raised due process issues in two areas: (a) Failure by the Shippensburg Area School District to follow the statutory requirements providing for an opportunity to participate in an informal hearing prior to the suspension of petitioner as well as during the ten days suspension that occurred from April 12, 2005 through April 27, 2005. (b) Failure by the Shippensburg Area School District to provide sufficient and proper formal hearing notice to the petitioner. 9. No adjudication has been issued and even were one to issue, an appeal and petition for denovo review would follow as a result of the nonexistent record for the May 9, 2005 hearing. 1 D. Petitioner is expected to complete his junior year at Summit Achievement Wherefore, petitioner requests this honorable court schedule a denovo hearing in this matter regarding petitioners inappropriate expulsion from Shippensburg Area School District in an attempt to maintain the integrity of the record and for the sake of judicial economy. 5~t.;~.r --Galen R. Waltz, Es Tura Law Office 28 S. Pitt Street Carlisle, PA 17013 717-245-9688 Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Office of the Superintendent 717-530-2721 April 29, 2005 Elizabeth Ricp Dr. Stoner 106 Hollar Aveuue Shippensburg, 1:' A 17257 E"l-h,b/-I- Dc~ Ms. Riep and Dr. Stoner: The purpose of this correspondence is to notify you and your son, Daniel Stoner, of the rescheduled formal hearing to be held on Monday, May 9, 2005 at 5:30 p.m. in the Media Center at the Middle School, 101 Park Place, Shippensburg, PA 17257. The Student Relations Committee of the Shippensburg Area School District Board of School Directors will hear your case. The purpose of this forrnal hearing will be the disposition of charges made against Daniel Stoner as a result of an incident that occurred at Shippensburg Area Senior High School on Tuesday, April 12, 2005, involving the possession and distribution of controlled substances as presently defined under School District policy. Disposition of the following charges of alleged violations' will occur at the scheduled hearing: . Possessi n distribution of a: c n I .\1 ce c 01 ro in violation of the Shippensburg Area School District's Policy #2 ';: Controlled SubstanceslParaphemalia paraphrased within the Shippensburg Area Senior High School Handbook pp.71-76 and the Code of Rights, Responsibilities and Student Discipline. The formal hearing will be conducted in accordance with School Board Policy #233, Suspension and Expulsion and constitutional due process requirements and will be a private hearing unless a. public hearing is requested by the student or his parents. The student, Daniel Stoner, shall be entitled to representation by legal counsel at the formal hearing, as well as the opportunity to present evidence and to testify on his own behalf. TPe student shall also have the right to present witnesses to testify on his behalf, as well. as the right to disclosure of the names of District witnesses and the testimony to be provided by these witnesses. 1 , . Ms. RieplDr. Stoner Apri129,2005 Page 2 Tbe School District anticipates calling the following person <IS a witness in this proceeding but reserves the right to provide a revised witness list in advance ofthc continued hearing date: 1. Mr. Greg Miller Assistant Principal Shippensburg Area Senior High School Tbe fo.rmal hearing shall be eleCtronically recorded and Shall be conducted with all reasonable speed. The student has the right to receipt of a copy of the transcript of the . . hearing, but this shall be at the expense of the student and not the school district. Please be present promptly at 5:30 p.m. on May 9, 2005 and be prepared atthat time to proceed with the formal disposition of the charges of alleged violations previously set forth in this corrcspondence. Copies of the relevant School District policies herein are enclosed herewith to aid you and your legal counsel in preparation for this proceeding. sm=~.~ . ~'bOY I Superintendent JJL:rnyb c: Greg Miller Deb Westover Jerry A. Weigle, Esquire James Flower, Esquire , Galen R. Waltz, Esquire ./' , . CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Appeal and Petition For Hearing Denovo, by depositing same in the United States Mail, first class, postage pre-paid on the ;:? 1 day of l"? 1"7- Y , 2005, from I Carlisle, Pennsylvania, addressed as follows: Jerry A. Weigle, Esquire Solicitor For SASD 126 East King Street Shippensburg, PA 17257 Superintendent Jacqueline Lesney 317 North Morris Street Shippensburg, PA 17257 James D. Flower, Jr., Esquire Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2922 TURO LAW OFF -. ~ alen R. Waltz, Es 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 I hereby certify that on this 10th day of June, 2005, a true and correct copy of the foregoing Motion for Reconsideration was served by means of United States Mail, postage /..././~ a~~ CERTIFICATE OF SERVICE prepaid upon the following: Galen R. Waltz, Esquire Turo Law Office 28 S. Pitt Street Carlisle, PA 17013 Edie Cassel ~. I].'" o 3'~ c- -7 ~~ -< ...., = = <.n ,- c:: ;;l:: o -n -< I n1# -om .:0.6 ....) " J ,.\:'::"' ~.~~ f'~ 4 p :-.0 -< c::> -,.-, ::i: "" 0:> D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR. JOHN STONER and: CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL : (Local Agency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent ANSWER FOR RECONSIDERATION OF ORDER OF COURT DATED JUNE 6, 2005 NOW COMES, the Minor Petitioner D.S., by his parents, Dr. John Stoner and Elizabeth Riep, who file this Answer For Reconsideration of Order of Court Dated June 6, 2005 and respectfully represent as follow: 1. Admitted. 2. It is admitted that Petitioner is a 17-year-old minor student; however it is Petitioner's expectancy that Petitioner shall be enrolled at the Shippensburg Area Scholl District at the beginning of the fall, 2005 semester. 3. It is Denied that on April 12, 2005 that Petitioner was involved in an incident that occurred at the Shippensburg Area Senior High School concerning his possession and distribution of control substances; this is a conclusion of law which serves as a partial basis for the request for a Hearing Denovo in front of this Honorable Court. 4. Admitted. 5. It is denied that Petitioner's appeal was filed "before an adjudication was issued by the board"; to the contrary, on or about 10:00PM on May 9,2005 the Petitioner was contacted by the Attorney Representative of the Shippensburg Area Senior High School advising that the Shippensburg Area School District Board of Directors made a formal determination that the Petitioner should be expelled effective May 9 or 10, 2005; subsequent conversations between Petitioner's Counsel and Respondent's Counsel were intervening and the appeal was filed May 26, 2005; an undated written adjudication was received at Petitioner's Counsel office on or about May 31, 2005; as a result, Petitioner complied and remained absent from school property beginning May 10, 2005 pursuant to the evening May 9, 2005 communication of the expulsion which in effect was a defacto or constructive adjudication by the local agency. 6. The Petitioner's Appeal and Petition for Hearing Devono was filed and mailed to the Attorney representing the board on May 26, 2005; the Petitioner does not have any information available to either deny or confirm that the Board received a copy of the Appeal on or about June 1, 2005; therefore proof is demanded. 7. Admitted. 8. Denied, the Board had a "full blown" hearing on May 9, 2005 that consumed approximately 21/2 to 3 hours of testimony that was not recorded as a result was of malfunctioning tape recording device; immediately after the hearing the Board was provided information from the representative Board Committee relative to the expulsion hearing and the Board, after discussion, voted to expel D.S. and that expulsion was to be effective May 10,2005; therefore, to allow the Board a second opportunity to respond to the issues that were previously presented to it in a lengthy hearing creates substantial unnecessary expense to Petitioner and wastefulness of the adjudication process since the Board already had one bite of the proverbial apple. 9. It is denied that providing the Board with an opportunity to respond to Petitioner's appeal and Petition for Hearing Denovo "prior to ruling on the same will further interests of judicial economy" considering that the very same issue articulated in Petitioner's Appeal and Petition for Hearing Denovo were the same issues that were thoroughly explored at the May 9, 2005 expulsion hearing where 3 committee members of the Board were present and where the hearing testimony was forwarded immediately thereafter to the School Board Directors for a vote on expulsion. Wherefore, the Petitioner respectfully request this Honorable Court deny the Motion for Reconsideration of Order of Court dated June 6, 2005 and proceed with the Denovo Hearing scheduled by this Honorable Court to occur on July 7,2005 at 1 :30PM in Courtroom number 2. ~k/(}j~ Date 'Galen R. Waltz, Es Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9655 ext 22 " CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer For Reconsideration of Order of Court Dated June 6, 2005, by depositing same in the United States Mail, first class, postage pre-paid on this 13th day of June, 2005, from Carlisle, Pennsylvania, addressed as follows: James E. Ellison, Esquire 1 S Market Square PO Box 1146 Harrisburg, PA 17108-1146 Vincent L. Champion 1200 N ih Street Harrisburg, PA 17102 Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 Shippensburg Area High School Board of Directors 317 North Morris Street Shippensburg, PA 17257 Galen R. Waltz, Esqu' e 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 ext 22 ...., c':) ~j; ~ =2-n nlp: -Ol-n 'Va ':~S ~~~ -,... :n -< ,- ~E G.) :g .c- .' 0') II II' D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR. JOHN STONER and: CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL : (Local Agency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent ANSWER TO MOTION TO QUASH APPEAL AND PETITION FOR HEARING DENOVO AND NOW COMES, the Minor Petitioner D.S., by his parents Dr. John Stoner and Elizabeth Riep who file this Answer to Motion of Quash Appeal and Petition For Hearing Denovo and respectfully represent the following: 1. Admitted. 2. It is admitted that Petitioner is a 17-year-old minor student: however it is Petitioner's expectancy that Petitioner shall be enrolled at the Shippensburg Area School District at the beginning of the fall, 2005 semester. 3. It is Denied that on April 12, 2005 that Petitioner was involved in an incident that occurred at the Shippensburg Area Senior High School concerning his possession and distribution of control substances; this is a conclusion of law which serves as a partial basis for the request for a Hearing Denovo in front of this Honorable Court. 4. Admitted 5. It is denied that Petitioners appeal was filed "before an adjudication was issued by the board"; to the contrary, on or about 10:00PM on May 9, 2005 the Petitioner was contacted by the Attorney Representative of the Shippensburg Area Senior High School advising that the Shippensburg Area School District Board of Directors made a formal determination that the Petitioner should be expelled effective May 9, 2005; subsequent conversations between Petitioner's Counsel and Respondent's Counsel were intervening and the appeal was filed May 26, 2005: an undated written II adjudication was received at Petitioner's Counsel office on or about May 31, 2005; as a result, Petitioner complied and remained absent from school property beginning May 10, 2005 pursuant to the evening May 9,2005 communication of the expulsion which in effect was a defacto or constructive adjudication by the local agency. 6. Admitted. 7. It is admitted that Petitioner did not receive a written adjudication by the Board until May 31, 2005; however, the May 9, 2005 10:00PM telephone conversation from the Board's Attorney to the Petitioner's Parents advising of the expulsion and the Petitioner's absence from the school district beginning May 10, 2005 to present constitutes at the minimum a defacto or constructive adjudication with respect to the May 9, 2005 hearing. 8. Petitioner concedes that the Petitioner did not receive a written adjudication until May 31, 2005; however, the adjudication is undated and the Petitioner has no way of knowing when the adjudication was drafted and executed; furthermore, the Petitioner's expulsion effective May 10, 2005 to the present is the result of a verbal adjudication that occurred the evening of May 9, 2005; thus the appeal is timely. 9. The instant appeal was timely although no viable record was recorded; the verbal representation by the Board's Counsel on May 9,2005 advising that D.S. was expelled and shall not appear on school property beginning May 10, 2005 to the present represents a defacto/constructive adjudication to which this appeal was taken. WHEREFORE, the Petitioner respectfully requests that this Honorable Court deny the instant Motion to Quash Appeal and Petition for Hearing De Respe ully Su ~;/3J ()j- , Date l, alen R. Waltz, E Turo Law Offi 28 South Pitt Street Carlisle, PA 17013 (717) 245-9655 ex! 22 II ii CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I seNed a true and correct copy of the Answer to Motion to Quash Appeal and Petition For Hearing Denovo, by depositing same in the United States Mail, first class, postage pre-paid on this 13th day of June, 2005, from Carlisle, Pennsylvania, addressed as follows: James E. Ellison, Esquire 1 S Market Square PO Box 1146 Harrisburg, PA 17108-1146 Vincent L. Champion 1200 N ih Street Harrisburg, PA 17102 Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 Shippensburg Area High School Board of Directors 317 North Morris Street Shippensburg, PA 17257 en R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ext 22 () .--' 0 c-:> -;::;; c;:? -n ~1 c._ ..... ';1:"'T1 (:~: '"~ ';j:"': -0" W i~]~) -'0 .;~\~ ~\~ ::1: , _r- r:Sf1'1 \ ~fi Ul .-<. - D.S., A MINOR BY HIS PARENTS DR JOHN STONER AND ELIZABETH RIEP, PETITIONERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS, RESPONDENT 05-2782 CIVIL TERM ORDER OF COURT AND NOW, this ''''' day of June, 2005, petitioners shall file within seven (7) days of this date a response to respondent's motion to quash the within appeal, which response shall set forth any authority in support of petitioners' position. .- ~ By ;twcO~rt, / (~ Edgar B. Bayley, J. ( / ..-Galen R Waltz, Esquire For D.S., a minor by his parents Dr. John Stoner and Elizabeth Riep Aincent L. Champion, Esquire For Shippensburg Area School District Board of Directors :sal 6'c1J \.9' \ o ..... (:r; ...:L (:) u.J ~:;;- 9.C--::' ll_-'-- '.!-r C)C2 :':,0_ tuD- ~\..Ll w.-:r: ,.... ~ C1' if) c:, ~.- ~ ::... _"1' - I~~ ~ ~ = ,-.. H,.... ..,.;.. -~~ U ~ D.S., A MINOR BY HIS PARENTS DR. JOHN STONER AND ELIZABETH RIEP, PETITIONERS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS, RESPONDENT : 05-2782 CIVIL TERM ORDER OF COURT AND NOW, this lb day of June, 2005, the motion of Shippensburg Area School District Board of Directors for reconsideration of the order dated June 6, 2005, IS DENIED. Galen R. Waltz, Esquire For D.S., a minor by his parents Dr. John Stoner and Elizabeth Riep Vincent L. Champion, Esquire For Shippensburg Area School District Board of Directors :sal ~*,~'I / I.,-k .0) )-- ~~~ k ~~. (lJ,c ~ /Jv:., . ~p [~.S-,. l..}c} Q. tuujG., ~. y cO c';. ~-' \::':~ 8 %l - <<- --- ,;iX, v:> oq,:.: - l.~~- ~,:. ~L\J :::> u.-j:: -) -.-.' ..... '6 'G ~5 ~ (.) D.S., A MINOR BY HIS PARENTS DR. JOHN STONER AND ELIZABETH RIEP, PETITIONERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS, RESPONDENT : 05-2782 CIVIL TERM ORDER OF COURT \ '-" day of June, 2005, the motion of AND NOW, this Shippensburg Area School District Board of Directors to quash the within appeal, IS DENIED. Galen R. Waltz, Esquire For D.S., a minor by his parents Dr. John Stoner and Elizabeth Riep / Vincent L. Champion, Esquire For Shippensburg Area School District Board of Directors .. It-6Y ~~ /hA~ (..i7 :5al I ,. C}-h.JV( (). 1u'1~' S;. . .. xiLr~ a-.. ~ ~. ;5~ 'i ~. ~ t: ~0' >. a;; :<( w..j~: ~~,~:~s (:O:::i: "t'" ..--~ 6L~ " (r :::J-- n:t.u ::r;; l- LL <:) r- ..:r o .- ~;:';- -..;;:;t "" :.:-:;; :"') ,~ "'" ''''' C'o.> ~~:) o D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR JOHN STONER and: CUMBEI~LAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL : (Local A!~ency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent AND NOW THIS .2'1 ORDER T\ day of _~ ~ l-'\... c:: - , 2005 upon mutual agreement of both parties counsel and the representation that negotiations toward resolution are almost complete in this matter, the hearing scheduled for July 7, 2005 shall be continued to July 18, 2005 at 1 :30PM in Courtroom Number 2. c.c. Galen R Waltz Vincent L Champion I~ ~ {'..)7.0l Lf-. ?-. a;; ~. l.J.J->'. Qc~_; u-.::L~ ~.L- \ ~<. c20 00.. D-\.l'..l- ;duJ 1.l-jE: '6 0' en CiJ "",.- ~ r- <'l ..,... t-;. .'-- -:) ~~.) ~.. S ...., ~ ~ ~.' -5 o - ~'I D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR. JOHN STONER and: CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL : (Local A~lency Appeal) DISTRICT BOARD OF DIRECTORS, Respondent ORDER AND NOW THIS I') day of -J ..lc~....... , 2005 upon \ mutual agreement of both parties counsel and the representation that negotiations are complete and resolution of this matter is imminent, the hearing scheduled for July 18, 2005 shall be continued to August 29, 2005 at 1 :30PM in Courtroom Number 2. c.c. Galen R. Waltz Vincent L Champion '> ~ ~ '1./'1, M' L;L \/1N\;i/\1ASNh\3d I 'Nr'~'~' -i'" n' '~""^'n'" AJ..I ;1,t...'), :>-'-'"t...~,~! <J BS :8 ~~d 811nr SOOl 'V\!"',,\iC"',,II'\)'u,'r! :lHl:10 f'\u "..\..I,1>..J< _. _..l 3~;1~:lo-CElll:l II D. S., a minor : IN THE COURT OF COMMON PLEAS OF By his parents DR JOHN STONER and: CUMBElqLAND COUNTY, PENNSYLVANIA ELIZABETH RIEP : CIVIL ACTION LAW Petitioners v. : NO. 05-2782 CIVIL 2005 SHIPPENSBURG AREA SCHOOL DISTRICT BOARD OF DIRECTORS, Respondent PRAECIPE TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES r is:Js- Date . Ga en R Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-96138 Attorney for Plaintiff o (;; ..... ;~lr; ~,.,,- (/.\ ~. -<,' S~:." ~ 'f5\ ~ c;"l - ..0 J;;. ,- 1--.1" j.~'S:~ ~ .....- ??;: ~ Q, ----' ~-n (t1--;;' 'rr1 :.Be? 00 :~t. ::;~, '39 ~,"'--1 n ':.J, ?; ..!'t q: N C1'