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The Story

Below is a slightly longer version of an article that appeared on the Opinion page of The Tribune, a local Monument, CO newspaper on 10/1/98. It provides a summary of the story through September of 98. See the following for updates since then:


In addition, check out the following:

Dirty Laundry (The kids weren't the only ones to make a mistake)

District 38 Expulsions Drag On (10/1/1998 Tribune Letter)

Remember last year when the district 38 School Board expelled the kids that came forward on their own and turned themselves in for having a taste of alcohol in a motel room in Greeley? These kids had never gotten in trouble before. They turned themselves in expecting a 3-day suspension but instead got the academic equivalent of capital punishment (i.e., expulsion). They were expelled retroactively to the beginning of the semester. That meant they lost all credit for the semester, the seniors missed their prom and it looked like the seniors would also not graduate with their class. They all had a permanent black mark on their records.

We, the parents of 4 of the kids affected, exhausted the appeal process within the district asking for some punishment short of expulsion. It was to no avail. The School Board told us if we weren't happy with their decision that we had the right to seek judicial review. Several of the parents did. Specifically, we asked Judge Toth to issue an injunction in the short term, so that damage to the kids could be abated pending a final ruling (by Judge Toth) regarding the legality of the School Boards decision.

While the Judge made it clear that he did not condone drinking by minors, his preliminary opinion was that the School Board had failed to produce "findings" that justified the expulsions. He asked the School Board to produce findings that supported their contention that the expulsions were justified under the law. Judge Toth also ordered both the School Board and us (the parents) to enlist the services of a professional mediator and to attempt to reach a settlement. Finally, Judge Toth issued a temporary injunction ordering that the kids return to school and that the expulsions be undone pending either mediation or his final ruling.

The next day the School Board invited all of the students that they expelled back to school (not just the ones that the court ordered back). The day after that, the School Board announced it planned to appeal the temporary injunction that ordered 5 of the 8 kids back. (So it welcomed back those that didn't challenge them in court but is trying to re-expell those that challenged them.)

Mediation finally came on 9/24. We were hopeful that this could be resolved in some way that would be good for the district and for our kids. Our hard requirement going into mediation was that the expulsions had to be reversed. Our compromise was that we would agree to a 5-day suspension (already served since they already missed 5 weeks of school). We were asking that the policy regarding alcohol be revised or that at least implementation guidelines be developed that would help to avoid this type of situation in the future. We were willing to forego ever suing for damages (other than attorney's fees). We are not currently suing for damages. Lastly, we were willing to keep a low profile regarding the media/press.

For us, everything except the permanent reversal of the expulsions was negotiable. We all took off work and were prepared to stay as long as it took to reach an acceptable resolution. Unfortunately, both for the District and us, those representing the School District did not come with the same objective. Mediation was over very quickly.

Continuing this battle is costing the school district and us a lot of money. The School Board has two Denver attorneys fighting this. Based on what our bills total to date, we suspect the school district has already spent approximately $30,000 (as of 9/98). That's a lot of textbooks. In addition, if they take their appeals all the way to the State Supreme Court (as we believe they will), it is likely to cost the district in the range of $150,000. That's several new teachers.

We wanted to talk and still do. We want to reach an acceptable arrangement. We don't believe this battle is in the best interest of the District. We feel the School Board should at least get a second legal opinion regarding the likelihood they will eventually prevail. We believe the current school attorneys are less than objective on this matter. This doesn't have to be a win-lose proposition.

Sincerely,

The Expelled Parents