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HomeMy WebLinkAbout98-0871 CivilR.S., A MINOR, by B.C., HIS PARENT AND GUARDIAN, Appellant Ve MECHANICSBURGAREA SCHOOL DISTRICT, BOARD OF SCHOOL DIRECTORS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-0871 CIVIL TERM IN RE: REOUEST FOR STAY BEFORE OLER, J. AND NOW, ORDER OF COURT this I~ay of March, 1998, upon consideration of Appellant's request for a stay of sanctions imposed by Appellee in its decision dated February 13, 1998, and for the reasons stated in the accompanying opinion, the request for a stay is denied. R. Mark Thomas, Esq. 54 East Main Street Mechanicsburg, PA 17055 Attorney for Appellant BY THE COURT, Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Appellee : rc R.S., A MINOR, by B.C., HIS PARENT AND GUARDIAN, Appellant MECHANICSBURG AREA SCHOOL DISTRICT, BOARD OF SCHOOL DIRECTORS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-0871 CIVIL TERM IN RE: REQUEST FOR STAY BEFORE OLER, J. OPINION and ORDER OF COURT Oler, J., March 18, 1998. For disposition in this appeal under the Local Agency Law~ is a request by Appellant for a stay of sanctions imposed in a decision by Appellee. The decision by Appellee, a board of public school directors, imposed sanctions upon Appellant, a student, for an allegedly disruptive phone call made to school officials. For the reasons stated in this opinion, Appellant's request for a stay will be denied. STATEMENT OF FACTS On February 13, 1998, Appellee issued a decision adopting certain findings of fact to the effect that Appellant had made a disruptive phone call to the office of his school on September 28, 1997, causing its temporary evacuation. Appellee concluded that this conduct violated certain policies of the school district, warranting disciplinary action. In terms of sanctions, Appellee decided: ~ Act of April 28, 1978, P.L. 202, S5, 2 Pa. C.S. S751 et seq. NO. 98-0871 CIVIL TERM To expel and exclude [Appellant] as a student of the Mechanicsburg Area School District for one (1) calendar year from this date, but that such expulsion be suspended immediately on Student's performance of and compliance with the following requirements and conditions during said calendar year (except where specifically provided otherwise): a. Student participates in the District's In-School Suspension Program for a period of ten (10) school days commencing on February · 1998; b. Student and parent agree to have Student evaluated by the District's personnel or consultants under the District's multi- disciplinary emotional support program; c. Student's parent agrees forthwith to provide private (non- school) counseling for Student based on the results of the evaluation in b. above and to have counsellor provide periodic reports to Administration; d. Student to perform thirty (30) hours of community service as prescribed and approved by Darby Christlieb, Community Service Program Coordinator of the Cumberland County Juvenile Court Probation Office; e. Student to comply with the stipulations and directions of Brian Taylor, the site-based Probation Officer at the Senior High School; f . Student maintains appropriate school attendance; 2 NO. 98-0871 CIVIL TERM g . Student maintains appropriate academic achievement, to be monitored by the Administration; h. Student does not participate in or attend any District sponsored extra-curricular activities during the reminder of the 1997-1998 school year. i. Student does not participate in or attend any District sponsored student functions during the reminder of the 1997-1998 school year; and j. Student be and remain on good behavior. The record upon which Appellee based its decision was produced at a hearing held on January 30, 1998. Evidence at the hearing included testimony by two individuals that Appellant had admitted making the phone call in question. Appellant filed an appeal from the decision on February 13, 1998. Included in the appeal was a request for a stay pending resolution of the appeal by the court. DISCUSSION A stay of sanctions in a case of the present type can be ordered where the moving party establishes the following: "(1) [that there is] a likelihood of success on the merits of the appeal; (2) [the] irreparable injury [will result] if a stay is denied; (3) [that] issuance of a stay will not substantially harm other interested parties; and (4) [that] issuance of a stay will not adversely affect the public interest." Yatron v. Hamburg Area NO. 98-0871 CIVIL TERM School District, 158 Pa. Commw. 204, 209, 631 A.2d 758, 761 (1993), appeal denied, 538 Pa. 652, 647 A.2d 906 (1994). Section 754 of the Local Agency Law provides, in pertinent part, as follows: (a) Incomplete recor4.- In the event a full and complete record of the proceedings before the local agency was not made, the court may hear the appeal de novo, or may remand the proceedings to the agency for the purpose of making a full and complete record or for further disposition in accordance with the order of the court. (b) Complete record.- In the event a full and complete record of the proceedings before the local agency was made, the court shall hear the appeal without a jury on the record certified by the agency. After hearing, the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter B of Chapter 5 (relating to practice and procedure of local agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication Ks not supported by substantial evidence .... Act of April 28, 1978, P.L. 202, S5, 2 Pa. C.S. §754. After a careful review of the certified record which presently exists in this case, and of the aforesaid responsibility of the court on an appeal of the present type, the court is unable to conclude at this stage of the proceedings that Appellant has met the difficult burden of demonstrating that he will probably prevail on the merits. The following order will therefore be entered: 4 NO. 98-0871 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of March, 1998, upon consideration of Appellant's request for a stay of sanctions imposed by Appellee in its decision dated February 13, 1998, and for the reasons stated in the accompanying opinion, the request for a stay is denied. BY THE COURT, R. Mark Thomas, Esq. 54 East Main Street Mechanicsburg, PA 17055 Attorney for Appellant Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Appellee s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J.