Studemeyer v. Jackson
Studemeyer v. Jackson
Opinion
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
J. Gregory Studemeyer as guardian ad litem for J. Bradley Studemeyer, a minor under the age of fourteen (14) years, on behalf of himself and all others similarly situated, Appellant,
v.
Cathy W. Jackson, James R. Shirley, and School District Five of Lexington and Richland Counties, Respondents.
Appeal From Richland County
Paul M. Burch, Circuit Court Judge
Reginald I. Lloyd, Circuit Court Judge
Unpublished Opinion No.
2006-UP-209
Submitted April 1, 2006 Filed April 17, 2006
AFFIRMED
Joseph Gregory Studemeyer, for Appellant.
Andrea E. White and Kathleen A. Martin, of Columbia, for Respondents.
PER CURIAM: This case involves a one-day in-school suspension of a fifth grade student. After the suspension was served, the students father filed a class action lawsuit raising various allegations against the school district, the principal, and the administrative assistant who suspended the student. The circuit court granted the districts motion to dismiss the class allegations and then granted it summary judgment. We affirm.[1]
1. The circuit courts jurisdiction in school suspension cases is limited. Byrd v. Irmo High School, 321 S.C. 426, 435, 468 S.E.2d 861, 866 (1996) (holding that the courts lack subject matter jurisdiction to review suspensions of less than ten days); Floyd v. Horry County School Dist., 351 S.C. 233, 237, 569 S.E.2d 343, 345 (2002) (holding that suspensions may only be appealed for the limited purpose of satisfying minimal procedural due process requirements, including: 1) oral or written notice of the charges; 2) an explanation of the evidence; and 3) an opportunity to present [the students] side of the story).
2. Studemeyer admits his son was given notice, an explanation, and an opportunity to be heard. We therefore find that the school board complied with the requirements of procedural due process by holding an informal hearing. Byrd, 321 S.C. at 437, 468 S.E.2d at 867 (holding that an informal give-and-take between the student and disciplinarian is sufficient).
3. We decline to address the remaining issues. See Whiteside v. Cherokee County School Dist. No. One, 311 S.C. 335, 340, 428 S.E.2d 886, 889 (1993) (holding that an appellate court need not address remaining issues when resolution of a prior issue is dispositive).
AFFIRMED.
HEARN, C.J., ANDERSON, and KITTREDGE, JJ., concur.
[1] We decide this case without oral argument pursuant to Rule 215, SCACR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.