Lee v. Macon County Board of Education
Lee v. Macon County Board of Education
Opinion of the Court
Appellant, Inez Knight, brought this suit on behalf of her daughters, Lillie Mae, 17, and Rose Ella, 14. The two children were pupils in Randolph County High School, located in a largely rural Alabama county. The high school principal, Hulond Humphries, sent the children home from school February 2,
February 7 appellant filed a motion for emergency relief in the United States District Court for the Middle District of Alabama. She sought the childrens’ reinstatement in school, in essence claiming that they had been excluded without due process. Action on the motion was deferred on agreement pending an administrative hearing before the Board of Education. Lillie Mae and Rose Ella remained out of school in the interim.
At the hearing before the Board on March 8, 1973, Principal Humphries testified to having disciplined the children for several infractions. Both girls had fought with other children in the school halls. On one occasion Rose Ella struck Coach Johnson, the football coach, as he was attempting to break up a fight between her and another student. Both girls used abusive language on several occasions when their teachers reprimanded them. Lillie Mae was absent from school without permission for at least one day. She also counseled her younger sister to flout a teacher’s orders. Both children disobeyed teachers’ directions and resisted corporal and other forms of punishment.
The appellant and the children were present with their lawyer at the Board hearing. Only two witnesses appeared against them, Principal Humphries and School Superintendent Simpson. The latter had no personal knowledge of the children’s misbehavior. The former had personal knowledge of their resistence to punishment and their abusive language, but had not observed the fights and other transgressions that had initial-caused teachers to recommend punishment.
The Board of Education acquiesced in Humphries’ request by permanently expelling both children. On July 20, 1973, the District Court denied the motion for emergency relief, holding that there had been no deprivation of due process and that the evidence before the Board of Education was sufficient to support the determination that the children were guilty of the infractions charged. The District Court also held that, although harsh, the penalty assessed — permanent exclusion from school — was not arbitrary in view of the school’s interest in avoiding disruption and in view of the principal’s assiduous but frustrated efforts to work out the problem by conference with the children and their mother. It appears from the record and briefs that Lillie Mae and Rose Ella have received no schooling at all from February, 1973 to the date of this appeal.
In our view the Board employed an erroneous legal standard in considering the children’s cases. During the disciplinary hearing the Superintendent, who is also Secretary of the Board, was interrogated about Board response to a request from the principal for expulsion of a student. He described the Board’s policy in this way:
A: . . . Our policy is that the principal exhausts every effort; and once he recommends it, we usually grant it.
Q: And do you know of any exceptions to that rule?
A: I don’t; white or black.
We do not minimize the children’s misbehavior. They were undisciplined, defiant, and abusive, and their mother was uncooperative with school officials in attempting to deal with them. Nor are we insensitive to the difficulties faced by school officials in attempting to curb disorderly interferences with the primary task of the school, which is education. But a sentence of banishment from the local educational system is, insofar as the institution has power to act, the extreme penalty, the ultimate punishment. In our increasingly technological society getting at least a high school education is almost necessary for survival. Stripping a child of access to educational opportunity is a life sentence to second-rate citizenship, unless the child has the financial ability to migrate to another school system or enter private school.
The judgment of the District Court is vacated and the cause is remanded with directions to remand the case to the defendant Board for reconsideration under correct legal standards.
. We reject the argument of appellant that hearsay testimony was constitutionally prohibited.
. It appears from the record that the Board did not consider the possibility that the system’s interests might be vindicated by a sanction less than exclusion forever from the school system, such as suspension or transfer to another school. The record discloses that one of the children in a disciplinary conference with the principal, expressed a desire to transfer.
. Such a case can, of course, arise. Clearly, for example, a school board could not constitutionally expel forever a pupil who had committed no offense other than being five minutes tardy one time.
In the landmark case of Dixon v. Alabama State Board of Education, 294 F.2d 150, 157 (CA5, 1961), this court wrote the following :
“Turning then to the nature of the governmental power to expel the plaintiffs, it must be conceded . . . that that power is not unlimited and cannot be arbitrarily exercised. Admittedly, there must be some reasonable and constitutional grounds for expulsion or the courts would have a duty to require reinstatement.”
This passage and the constitutional provision it elaborates do not license federal judges to review and revise school board disciplinary actions at will. Application is limited to the rare case where there is shocking disparity between offense and penalty.
Reference
- Full Case Name
- Anthony T. LEE, Mrs. James O'Neal, United States of America, Plaintifí-Intervenor and Amicus Curiae, National Education Association, Inc., Plaintiff-Intervenor v. MACON COUNTY BOARD OF EDUCATION, (Randolph County Board of Education)
- Cited By
- 25 cases
- Status
- Published