Johnson v. Chesapeake City School Board

By Judge Frederick H. Creekmore

The issue presented to the Court comes from a case with a lengthy record. However, while the record is prolific, the issue appears to be a relatively simple one. The case is an appeal from a determination of the City of Chesapeake School Board, where that body decided to continue using a science text plaintiff found offensive. The issue for the Court is whether or not that decision was arbitrary, capricious, an abuse of discretion, or in excess of its authority.

The standard of review for a circuit court, on an appeal of a decision by a school board is governed…