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MIFFLIN COUNTY SCHOOL DISTRICT v. KENNETH W. STEWART (01/23/86)

decided: January 23, 1986.

MIFFLIN COUNTY SCHOOL DISTRICT, APPELLANT
v.
KENNETH W. STEWART, II, A MINOR, BY KENNETH W. STEWART AND JEAN C. STEWART, HIS NATURAL PARENTS AND GUARDIANS, APPELLEES



Appeal from the Order of the Court of Common Pleas of Mifflin County in case of Kenneth W. Stewart, II, a Minor, by Kenneth W. Stewart and Jean C. Stewart, his natural parents and guardians v. Mifflin County School District, No. 729 of 1984.

COUNSEL

Norman L. Levin, Brugler & Levin, for appellant.

No appearance for appellees.

Stephen S. Russell, Chief Staff Counsel, for Amicus Curiae, Pennsylvania School Boards Association.

Judges Craig and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 94 Pa. Commw. Page 314]

Mifflin County School District appeals an order of the Court of Common Pleas of Mifflin County which reinstated a suspended high school student and directed that he be permitted to attend his high school graduation exercises. We affirm.

On May 29, 1984, Lewistown High School authorities suspended Kenneth W. Stewart, II, then a senior at the high school, because he had been involved in a fight on school property with other students earlier that morning. School Principal James Schnell suspended Stewart for three days and scheduled an informal hearing for May 31, the third day of Stewart's suspension. After the hearing, the school authorities decided to suspend Stewart for an additional four school days, thus barring him from commencement ceremonies on June 5, and to schedule a formal hearing before a panel of school board members on the day following commencement.

Stewart's parents then petitioned the Common Pleas Court of Mifflin County to reinstate Stewart in his class and to permit him to be graduated with his class on June 5. Judge Searer granted the relief requested. The trial court found as a matter of fact that the district did not comply with the procedural requirements of 22 Pa. Code ยง 12.8.

The Issue of Mootness

[ 94 Pa. Commw. Page 315]

Although the matter involved in this appeal is now certainly moot, the court will decide this appeal because it involves an important public question which could otherwise escape review repeatedly. Colonial Page 315} Gardens ...


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