No. 252 C.D. 2003 (Pa. Commonwealth Court, 2003)

Facts of the Case:

Patrick Hoke, a ninth-grade student enrolled at Lancaster Catholic High School, sold 3 tablets of Adderall to a twelfth-grade student in April, 2002. While searching his book bag, school personnel found a pocketknife with a four inch blade. On April 9, 2002, the school notified Patrick’s parents about the incident, informing them of the school’s policy to expel students in such a situation. The principal offered Patrick’s parents the choice of voluntarily withdrawal or permanent expulsion from school. Patrick’s parents withdrew him on April 10, 2002.

On April 11, 2002, Patrick attempted to enroll at Elizabethtown Area School District’s public high school. After completing enrollment forms, Patrick and his mother informed the guidance counselor of the incident at Lancaster Catholic. Subsequently, the principal and the superintendent informed his mother that he could not enroll at the high school without having a school board expulsion hearing in regards to the Lancaster Catholic incident, which was required by Elizabethtown Area School District Policy No. 233. Patrick refused to participate in the expulsion hearing and was not permitted to enroll. On May 28, 2002, Patrick filed a complaint in equity asking that Policy No. 233 be declared unlawful as applied to him. He also filed a motion for preliminary injunction to prevent the school district from proceeding with an expulsion hearing and preventing his enrollment based on events that occurred at Lancaster Catholic. The school district filed preliminary objections citing a failure to exhaust administrative remedies. On August 21, 2002, a hearing was held before the trial court to address both of these issues.

The Court of Common Pleas of Lancaster County declared Elizabethtown Area School District’s Policy No. 233 unlawful and permanently enjoined the school district from proceeding to an expulsion hearing against Patrick or preventing him from enrolling in and attending school in the school district, based on events at Lancaster Catholic. On appeal, the Pennsylvania Commonwealth Court affirmed the decision of the Court of Common Pleas of Lancaster County.

Decision of the Court

On October 3, 2003, Pennsylvania Commonwealth Court upheld the order of the Court of Common Pleas of Lancaster County. Pennsylvania Commonwealth Court affirmed the trial court’s injunction against the school district’s actions requiring an expulsion hearing and denying Patrick enrollment in school.

Basis for the Decision

The Commonwealth Court determined that the school district erred in its preliminary objection that administrative remedies had not been exhausted because the remedy afforded through the administrative process was inadequate. The inadequacy was due to the school district’s lack of authority in disciplining Patrick for an incident which did not occur in the school district. A school district’s rule making authority is limited to what is expressly or impliedly permitted under 22 Pa.Code § 12.3.The School District’s Policy No. 233 did not satisfy these expressed or implied provisions. The court determined that the school district was not allowed to independently bring expulsion proceedings against Patrick if Lancaster Catholic did not first do so. The limitation on the school district’s authority is that it can discipline only students who are enrolled in the district and under the district’s supervision at the time of the incident. 24 P.S. §§5-501 and13-1317. Thus, Elizabethtown Area School District’s Policy No. 233 is not lawful under the School Code as the School Code only applies to incidents involving already enrolled students.

Prepared by Christine Rupert and Anne Fannick, June, 2004