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Home My WebLink About06-1620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA In Re. APPEAL OF E.s. CIVIL ACTION-LAW (In the Nature of a Local Agency Appeal) No. 0(,;, -/I.1;J-D cy,/f(o,,,- NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filed in writing with the court your defenses objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Counsel of Record for the Appellant Mark P. Widoff, Esq. Attorney In 12660 1141 Country Club Road Camp Hill, PA 17011 717-439-6397 717-303-2076 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re. APPEAL OF E.S. CIVIL ACTION-LAW (In the Nature of a Local Agency Appeal) No. eJt.. - f t.,Lo LOCAL AGENCY APPEAL Jurisdiction 1. This is a Local Agency Appeal by which E. S., a minor, by and through his parents and counsel, seeks review by this Honorable Court of the decision of the Board of School Directors of the Camp Hill School District, Cumberland County, Pennsylvania, to suspend him from school for a period in excess of the period allowed by law and in violation of the applicable state regulations relating to student discipline. 2. This Honorable Court has jurisdiction over this Local Agency Appeal pursuant to 2 Pa. C.S. S 752 and 42 Pa. C.S. S 933(a)(2). Parties 3. Appellant E.S. is a student in the eighth grade at Camp Hill Middle School. 1 4. Appellee Board of School Directors (hereinafter referred to as "Board") is the duly elected governing body of the Camp Hill School District (hereinafter referred to as "District"). The District is a Local Agency under Pennsylvania law. Relevant Facts 5. On January 30, 2006, E.S. inadvertently and, without malicious intent, brought his knapsack to school with "leather man" tools given to him by his father as a gift. 6. E.S. disclosed that he had these tools during his lunch hour after being taunted by other students. This taunting had been going on for some time previously. 7. After another student reported to a teacher that E.S. had the tools in his knapsack, E.S. was required to open his locker and the tools were found therein. 8. E.S. had no history of misbehavior or discipline prior to this incident, was known as a well-behaved youngster, and the District had no indication nor did it make any finding that the health, welfare or safety of the school community was being threatened. 9. E.S. was irnmediately suspended from school but no written notice of that suspension nor opportunity for an informal hearing was provided to E.S. until February 3, 2006, in a letter dated February 2, 2006. 10. On February 9,2006, a written notice dated February 7,2006, was provided to E.S. informing him of a hearing to be held on Monday, February 13, 2006, at 6 p.m. The stated purpose of the hearing was to determine, inter alia, if "permanent exclusion from school, or suspension for a shorter period of time" should be applied, if the charges of possession of a knife were sustained. 2 11. Pursuant to the instructions in the notice dated February 2, 2006, E.S. reported to school at noon on February 13. However, E.S. was not permitted to attend normal class and was given in-school suspension. No determination of a threat to health, safety or welfare to others was made by the District. 12. After hearing testimony, but without providing counsel for E.S. an opportunity to make a closing statement nor to provide relevant legal authority, the Camp Hill School Board (hereinafter "Board") adjourned into executive session. When the Board returned, it announced a further five-day out-of-school suspension without a determination of a threat to health, safety or welfare of others, without written notice nor any notice of appeal rights from the now "IS-day" suspension. 13. On February 18,2006, the parents ofE.S. received a notice, dated February 15, 2006, that the suspension ofE.S. would continue until February 20,2006, "pending a final determination by the Board of School Directors." 14. On February 20, 2006, the parents of E.S. attended the regularly scheduled school board meeting. They were told orally that E.S. could return to school on March 1, 2006. However, they were handed an unsigned determination that E.S. would be suspended for one year, but might return on March 1 subject to certain specified conditions. 15. On February 28,2006, E.S. was provided a signed copy of the February 20, 2006, Board decision, from which this appeal is taken. 16. No notice of the right to appeal this determination has to this day been provided to E.S. 3 17. On March 1,2006, after exclusion from school since January 30,2006, E.S. was permitted to resume his attendance in his normal classroom schedule. 18. E. S., through counsel, has requested a transcript of the proceeding involving him but has not yet received it. Therefore, he reserves the right to amend this pleading after receipt of the transcript and an opportunity to review it. Determination Soul!ht to be Reviewed 19. Appellant seeks review of the Board's determination of February 20, 2006, and all interim determinations concluding in the February 20, 2006 determination as related herein. (Attached as Exhibit "A") Obiections to the Determination 20. The Appellee Board, in its determination, has violated the laws of the Cornmonwealth concerning administrative due process and the following provisions of 22 Pa. Code: (a) section l2.6(b)(1); (b) section l2.6(b)(1)(ii); (c) section 12.6(b)(1)(iii); (d) section 12.6(b)(1)(iv); (e) section 12.6(b)(1)(v); (f) section 12.6(b )(2); (g) section 12.6(c); (h) section 12.6(d); (i) section 12.7(a); G) section 12.8(b)(1O); 4 (k) section 12.8(c); (1) section 12.8(c)(1); (m) section 12.8(c)(2). WHEREFORE, the Appellant requests this Honorable Court to: (1) Reverse and vacate the decision ofthe Board of School Directors of the Camp Hill School District of February 20,2006. (2) Order the Board of School Directors to expunge all school district records relating to this matter. (3) Award E.S. and his parents damages, attorney's fees, costs and expenses. (4) Enter such relief as this Honorable Court deems proper in order to make the Appellant whole. Respectfully submitted, ~ /1Jj~ Mark P. Widoff, Esq. Attorney I.D. No. 12660 Attorney for Appellant 1141 Country Club Rd. Camp Hill, P A 17110 717-439-6397 717-303-2076 (fax) March 21, 2006 5 ,MAR- )-06 WED 9:07 AM JUDGE SOLOMON p INRE; : BEFOll.E THE DOARD OF SCHOOL DIRECTORS Of THE CAMP HILL SCHOOL DISTRICT : STUDENT DISCIPLINE CASE NO. 05.06-01 ADJUlJICATION , is an 8th grade student at the Camp Hill Middle School. He is charged hy lhe Administration with possession of a knife on the premises of the Camp Hill Middle/Senior HigJl School on January 30, 2006. A hearing on the charges was held before the Board of School Director. on Febnlary 13, 2006. l'lNOINGS OF FACT 1 : is an 8th grade sludent at the Camp Hill Middle School. 2 IS a reSident of Harnsburg, Pennsylvania and IS attending the Camp Hill Schools as n tuition student. 3. On January 30. 2006, Hill Middle/Senior High School. . was in possesSlon of two knives 011 the premises of the ("..amp 4. The possession of any welIpon IS one oflhe most serious vlOlatiotls of the school rlller;. DECISION AND DISCUSSION I . [t is the decision of lhe Board of School DIrectors of tbe Camp IlIlt School O,strict that . be l\l1d is hereby suspended from school for a period of one (1) year effective January 30, 2006. 2. The Board of School Directors will <onsid.. a stay of March 1. 200G upon' oompliance with the toU<:>wing conditions: suspension flom and !\freT t: Jthbil "f! q .MAR- 1-06 WED 9:08 AM JUDGE SOLOMON P 2 A. parents meel with the Administrators of the Camp Hill Middle School and request his readmIssion to school. B. completes all assignments to tlte satisfaction of the Admmistration of the Camrl Hill Middle School. C. commellces counseling 10 addre.. issues set f"rtb in the eva1ualion of Riegler Shienvold & Associates, whIch evaluation ""as proVlded to the Board of School Directors by . . parents. J. If I suspension is stayed, as set forth in Paragraph 2 ahove, the continuatlOll of the stay shan be conditioned upon the following: A. That contlllue coul1scling until a professIOnal ,wimon from his counselor is proVIded slatIng thaI has satIsfactorily addressed the SQCial and emotional Issues identlfted within the evaluation referred 10 in Paragraph 2. above. B. That' oomplies Wlth all disciplinary rules ofthc School District. Attest: /u/1-1/ ~ _-y~ Secretary (' It IS herehy cenif.ed that the foregomg Adjudication was adopted at a 1l1eOlmg of tho Board of School Djreclo~ of the Camp Hill School Dtstnct held on February 20, WOO, with _9'---.: members voting in tlte affirmative. ~ members voting In the negatIve and ~ members being abseot.. TlIE BOARD 0 OF THE C 001, l>JRE('''TORS .1. SCHOOL J)JSTJucr .~ Attesr. _._~ Secretary l r 1\~..4.\:'I . CERTIFICATE OF SERVICE I hereby certify that this 21 st day of March, 2006, a copy of the foregoing Local Agency Appeal was served upon the following via United States Mail, First Class, Postage Prepaid: Richard W. Stewart, Esq. Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lernoyne, PA 17043-0109 Attorney for Appellee ~lw~ Mark P. Widoff, Esq. Attorney I.D. No. 12660 Attorney for Appellant 1141 Country Club Rd. Camp Hill, P A 1711 0 717-439-6397 717-303-2076 (fax) '\ ~ ~ - 10 --J 't;'o I:v V"> "'C\ "-l ~ I,.; '\ 'V'\ I'" , _\ \J-~ (--..l V"',. " 'J , ~" ~ "'~ lct ~ '-' ~ . 't:, " : ~ ~\~ 't:: ~ C> (. . ,-> c:::,J c::1 cr ~ 'J-"" ?oJ t'~ - .:'" -- )> T::. ..;to.-~ () -n -' -;r.:!:l ,.lr _ri"n -"'1' -.};(~ ....m -,) -",I 'g :!.a c..') 0" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re. APPEAL OF E.S. CIVIL ACTION-LAW (In the Nature of a Local Agency Appeal) No. Ob //;7,;)0 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance as Counsel on behalf of Appellant, E.S. ~ ~ VLJ~ Mark P. Widoff, Esq. Attorney J.D. No. 12660 Attorney for Appellant 1141 Country Club Rd. Camp Hill, PA 17110 717-439-6397 717-303-2076 (fax) March 21, 2006 . , CERTIFICATE OF SERVICE I hereby certify that this 2l't day of March, 2006, a copy of the foregoing Praecipe For Entry of Appearance was served upon the following via United States Mail, First Class, Postage Prepaid: Richard W. Stewart, Esq. Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Appellee fJwJL ;2 W~ Mark P. Widoff, Esq. Attorney I.D. No. 12660 Attorney for Appellant 1141 Country Club Rd. Camp Hill, P A 17110 717-439-6397 717-303-2076 (fax) (') (:;; ~..:- .-.> c::::I ,;:::,l (.-,-- ::'J': ~,~", ?J 1'0) - , ~.... ~:" .,z :t'" :::: o -n ..... :r...,..." r"F": -)"'fro ,by :'~(;.:) 1). -:r' '~2M (..) ::.:::_~ ~ (...) C1' In Re: Appeal of E. S. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (In the Nature of a Local Agency Appeal) 06-1620 CIVIL ORDER OF COURT AND NOW, this 27'h day of March, 2006. upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Appellee to show cause why the Appellant is not entitled to the relief requested; 2. The Appellee will file an answer to this petition on or before April 17, 2006; 3. A briefing schedule and oral argument shall be set by this Court on June 16, 2006 unless the parties resolve this matter prior to that date. By the Court. M ~,~, u..\ ~ ~k P. Widoff, Esquire Attorney for Appellant ~chard W. Stewart, Esquire Attorney for Appellee -J bas D~Y~ ~7 : i I r. ,~,r 1'-.'..:'" >(\'~ .I;V '''' '!'I''' .' I'''''' , v' ~.:<' L ~~ iJ~t!~ )ODZ A!:PilCi<C\-L_: ;':,:.3 3Hl :10 ::i~;:,:;=,'(!:nl::J . - In Re: Appeal of E. S. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (In the Nature of a Local Agency Appeal) 06-1620 CIVIL MOTION TO QUASH APPEAL Camp Hill School District, by its Solicitor, Richard W. Stewart, moves that the Appeal of E. S. in the above-captioned matter be quashed on the grounds that E. S. is a tuition student and has no personal or property interest in attendance of the schools of the Camp Hill School District, as required by the Local Agency Act. Respectfully submitted, JOHNSON. DUFFIE, STEWART & WEIDNER Date: ~fr' l G ...).1':0(-, By: --Ji.vf /J/.;tC____Cf- Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Attorney ID No. 18039 Attorneys for Appellee :272620 t -. CERTIFICATE OF SERVICE I, Richard W. Stewart, do hereby certify that I have served a copy of the Motion to Quash Appeal on counsel for Appellant, Mark P. Widoff, Esquire, by placing a copy of same in the United States Mail, postage prepaid, addressed as follows: Mark P. Widoff, Esquire 1141 Country Club Road Camp Hill, PA 17011 Respectfully submitted, Date: ApI" \ ~ 2ccc.., JOHNSON, DUFFIE, STEWART & WEIDNER By: 4/ ~/dt;i) Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Attorney ID No. 18039 Attorneys for Appellee r-." r c> \.f. .> -I) __.1 '"' -;'~ '''- ( .-'1 .-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re. APPEAL OF E.S. CIVIL ACTION-LAW (In the Nature of a Local Agency Appeal) No.Q6-1620 Civil PRAECIPE TO DISCONTINUE APPEAL AND NOW, this 1st day of September, 2006, Appellant E.S., by and through his Attorney, Mark P. Widoff, does hereby submit this Praecipe to Discontinue and withdraw, as settled and discontinued, appeal filed at No.Q6-1620. Respectfully Submitted, 7J1'/jL~~( Counsel for Appellant Attorney ID 12660 1141 Country Club Road Camp Hill, P A 17011 717-439-6397 717-303-2076 (fax) Date: September 1, 2006 " .. . ," CERTIFICATE OF SERVICE I hereby certify that I am serving a true and correct copy of the foregoing Praecipe to Discontinue Appeal, upon counsel listed below, service by first class United States Mail, postage prepaid and addressed as follows: Richard W. Stewart, Esq. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 1?!t (piIP . MarkP. idoff, sq. ~ Counsel for Appellant Attorney ID 12660 1141 Country Club Road Camp Hill, PA 17011 717-439-6397 717-303-2076 (fax) Date: September 1, 2006 . -, q C -::;.. 'TIt: '"Pt" =:-'.- ~:J., ,_ G7::C V., ~i~; ~ ~ = "'" a' (/) p"1 -u I CT\ .." ::; <.f! . " - ~ ~-n r<'fn ']9 ()o .--J -,', T. T" i):("l -;...... rn ~") ::=" ~ ex:>