CALHOUN SCHOOL BOARD RULING AGAINST EXPULSIONS - Six Students Had Hearings Friday Night

(05/24/2014)

Following his open hearing, a Calhoun High
student, stood and apologized for his behavior
and shook the hands of school board members

The Calhoun Board of Education appeared to be ruling against the expulsions of six Calhoun High School students Friday night for entering Calhoun High and Arnoldsburg Elementary schools, based on entering the buildings without permission, trespassing and violating regultions.

The incidents were recorded by surveillance cameras and have created a contentious division of opinions in the community.

The students, in Monday's hearing, said they entered the schools to play basketball.

Two other students, who already graduated, had their expulsions eliminated by an order Wednesday by Judge David W. Nibert, who declared permanent injunctions in their cases.

Following one open hearing for a student listed for expulsion, board president Steve Whited called for a vote, that the 10-day suspension received was adequate punishment and not to expel the student.

Board members Whited, Barnhart, Wilson, and Harris approved, board member Cynthia Dale dissented.

The student up for expulsion during the open hearing, stood and apologized to the school board for his behavior, and shook each board member's hand.

Parents and students had a choice to have an open or closed hearing.

The boards decision on the five closed expulsion hearings was not announced, but sources said they would likely concur with dropping the expulsions exhibited in the open hearing.

Judge Nibert, following a five-hour court hearing Monday, agreed with the students attorneys Tony Morgan and Loren Howley, that the student's rights were violated during the suspension hearings, while he declined to issue a permanent injunction for the eight students.

Some parents testified in Monday's hearings they were not properly notified about the suspensions, with the judge agreeing that the student's rights were violated by not adequately advising the students they could disagree with their suspension.

Loren Howley, an attorney representing the students said, while the incidents were inappropriate, they caused no harm or destruction.

The school systems attorneys Bowles and Rice contended the violations were clearly conduct that supported expulsion, and that the issue should not be under the purview of a court.

See SIX CALHOUN HIGH STUDENTS SET FOR EXPULSION HEARINGS BEFORE SCHOOL BOARD - Judge Issued Amended Order Excluding Two Other Students