Legal Opinion · Dissent

A.B. Ex Rel. Bennett v. Slippery Rock Area School District

Commonwealth Court of Pennsylvania

Decided August 31, 2006No. 695 C.D. 2006Published

1Dissent

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority, reversing the Court of Common Pleas of Butler County, holds that the Slippery Rock Area School District (School District) proved by a preponderance of the circumstantial evidence that A.B., a sixth-grade student at Slippery Rock Area Middle School (Middle School), violated the school’s terroristic threats policy by placing a bomb threat note in the girls’ bathroom; thus, the School Board had good cause to expel A.B. (Majority op. at 677.) For the following reasons, I disagree.

A.B. is a very good student with no history…

2Cases cited4 opinions

  1. Monaci v. State Horse Racing CommissionCommonwealth Court of Pennsylvania · 1998
  2. Goodman v. CommonwealthCommonwealth Court of Pennsylvania · 1986
  3. Big Spring School District Board of Directors v. HoffmanCommonwealth Court of Pennsylvania · 1985
  4. Kudasik v. Board of DirectorsCommonwealth Court of Pennsylvania · 1979

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