Sweet Stevens Captures Win for Area School District In Federal Appeals Court
News Release
New Britain, PA – Mark W. Cheramie Walz of Sweet, Stevens, Katz & Williams LLP recently secured a victory on behalf of The East Stroudsburg School District in a special education case before the United States Court of Appeals for the Third Circuit. The case centered on whether the district violated a student’s rights by extending a disciplinary removal with the consent of one of his guardians.
The case, first filed in 2019, involved J.L., a student with autism spectrum disorder and a specific learning disability in listening comprehension. At age 15, J.L. brought a three-inch pocketknife to school and was suspended for 45 days, a suspension that would carry over to the following school year, at which time he was to be placed at an alternative school.
The principal met with J.L.’s guardian – his grandfather - and they agreed that, to minimize disruption, they would continue the placement beyond the 45 days through the end of the first quarter. However, the student’s grandmother, J.L.’s other guardian, was not present at the meeting. After returning to East Stroudsburg High School South, J.L. made a threat against another student, which led to his expulsion for one year.
J.L.’s grandmother then filed a due process complaint, claiming she was neither informed of the decision nor given the opportunity to object. After a two-day hearing, a hearing officer ruled in favor of the district, finding that the grandmother had actively participated in other key decisions, including approving J.L.’s initial cyber instruction and placement at the alternative school. The hearing officer determined that the 16-day extension did not constitute a change in placement that would have required additional notice. The grandmother then appealed the decision in federal district court, which has upheld the hearing officer’s ruling.
“The court agreed that schools can rely on the consent of a guardian to act in a student’s best interest,” said Cheramie Walz. “Additionally, the court agreed that the grandmother’s absence from a single meeting did not impede her involvement in her grandson’s educational decisions.”
Cheramie Walz serves as solicitor or special counsel to a number of school districts and intermediate units and frequently represents them in due process hearings and federal court appeals.
Sweet, Stevens, Katz & Williams, LLP was formed in 1995 by nine experienced education lawyers who created the first private law practice in Pennsylvania dedicated entirely to Education Law. Since then, the firm has grown to 26 attorneys who represent over 290 school and municipal entities as Solicitors or as Special Counsel in more than 50 counties throughout Pennsylvania, and in additional practice areas, such as Construction Law, Tax Assessment Appeals, Audit of Operations and Practices, Real Estate Law and Oil, Gas and Mineral Law.