Flynn-Scarcella v. Pocono Mountain School District, 745 A.2d 117 ( Pa.Cmwlth. 2000)

Facts of the Case

On May 21, 1999, Tyler Flynn-Corbin, a senior at Pocono Mountain High School, was caught with an open bottle of champagne along with other students in the parking lot during the prom at an off-site location. He was cited for underage purchase, consumption, possession, or transportation of alcohol. He was suspended as a result of violating the district's Five-Day Rule, which had been adopted by the school board and had been outlined in a letter to parents dated May 12, 1999.

Tyler's mother, Kathleen Flynn-Scarcella, sought an injunction against the school district, which had barred Tyler from participating in graduation ceremonies. The school district contended that the suspension, 10 days in length from May 26 to June 9, 1999, fell into the period of the last five days of school, thus violating the Five-Day Rule that specifically stated that any senior suspended from June 1 through June 9, 1999 would not be permitted to participate in the graduation ceremony. Both Tyler and his mother acknowledged that they had received a copy of the May 12 letter.

The Court of Common Pleas of Monroe County granted an injunction on June 8, 1999 that prohibited the Pocono Mountain School District from excluding Tyler Flynn-Corbin from its graduation ceremonies.

Decision of the Court

On January 31, 2000 The Commonwealth Court , No. 1658 C.D. 1999 reversed the decision of the Court of Common Pleas of Monroe County. Senior Judge Jiuliante held that trial court erred in substituting its judgment for that of the school district, whose actions were neither arbitrary nor capricious.

Basis for the Decision

The court stated that Section 5-510 of the School Code gives the school board the power to adopt and enforce reasonable rules and regulations governing the conduct and deportment of students attending public schools. The Five-Day Rule was established by the school district and printed in the Student Handbook and discussed in a letter, which was sent to parents and seniors. Section 13-1318 of the School Code gives a principal the power to suspend temporarily a student for disobedience or conduct. The court's decision was based on the belief that the trial court committed an error when it substituted its judgment for that of the school district. The court cited that in Burns v. Hitchcock, 683 A.2d 1322 Cmwlth 1996, it had noted that Section 12.6(b)(1)(i) provides the decision of suspending students for no more than ten days is within the power of the principal.

P. Nayo Brown and Scott Hill
July 13, 2000