Facts of the Case

On March 9, 2005, the student had an altercation with a teacher regarding the student’s attempted entrance to the lunchroom. After the student’s arrest and a five day suspension, she was given an informal hearing on April 18, 2005, which led to the student’s assignment to an alternative school for disruptive students. The student’s mother appealed the hearing officer’s decision on May 11, 2005. The common pleas court granted the school district’s motion to dismiss due to the fact that informal hearings are not appealable and inter-school transfers following informal hearings are not appealable.

The student claimed that she was not granted due process of law due regarding her personal and property rights in her education. She also argued that, as a result of the informal hearing, the school board made a decision and since it was a local administrative agency, she had the right to appeal to the common pleas court.

The court of common pleas decided that it did not have jurisdiction because informal hearings are not appealable and inter-district transfers that require an informal hearing are not appealable. The student appealed to the Commonwealth Court.

Decision of the Court

The Commonwealth Court decided that the court of common pleas did not have jurisdiction to hear an appeal from a district hearing officer that transferred the student to an alternative school for disruptive students after an informal hearing.

Basis for Decision

Section 12.8( c ) of the Pennsylvania Code provides for an informal hearing when students are suspended. If student is expelled, a formal hearing is required under 22 PA Code 12.8(b). Since the student was suspended only an informal hearing was required. In D.C. v. School District of Philadelphia 879 A.2d 408 (2005) the Commonwealth Court decided that returning delinquent students are required the be given an informal hearing before transfer to an alternative school.

Written by Jennifer Bunch
Summer 2006