Lyons v. Penn Hills School District

723 A.2d 1073 (PA Cmwlth.,1999)

Facts of the Case

Penn Hills School District appealed the June 22, 1998 decision of the Court of Common Pleas of Allegheny County in which the court decided that the district failed to comply with the substantive and procedural due process requirements of Section 1317.2 of the Public School Code of 1949.

Adam Lyons was a seventh grade, twelve-year old student at Linton Middle School who was observed by a teacher using a miniature Swiss army knife to file a fingernail. When questioned by the principal, Lyons claimed that he had found the knife in a school hallway and had intended to give it to his teacher. Lyons was expelled for one year for violating the district's "zero-tolerance" weapons policy. Lyons appealed this decision to the Court of Common Pleas on the basis that his substantive and procedural due process rights had been violated. The Court agreed with Lyons and found that the policy, while in existence, was not in written form and that the parents were unaware of this policy. The Court also found that this policy did not allow the superintendent to modify the expulsion requirements on a case-by-case basis, which is required by Section 1317.2 of the School Code.

The district, on appeal to the Commonwealth Court, argued that the weapons policy fully complied with Section 1317.2 of the School Code and that the actions of the district adhered to the requirements of Section 1317.2 of the School Code.

Decision of the Court

On January 8, 1999, The Commonwealth Court, No. 1823 C.D., affirmed the decision of the Court of Common Pleas of Allegheny County.

Basis of the Decision

The Commonwealth Court stated that "The District admittedly failed to comply with the requirement of Section 1317.2 (b) of the School Code that it develop a written policy regarding expulsions regarding weapons violations. More important the District failed to provide its superintendent with the discretion to modify discipline that is granted to the superintendent by Section 1317.2 (c) of the School Code." (1075)

The Commonwealth Court based its decision on Section 1317.2 of the School Code and on 22 PA Code 12.3, which states " A school board may not make rules, which are outside their grant of authority from the General Assembly." (1076) The Court concluded the Board exceeded its authority in adopting an unwritten policy and disregarded the legislative intent of Section 1317.2 of the School Code.

Prepared by John (Ed) Frick and Christy G. Emigh, July 6, 1999.