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Legal Opinion · Dissent

Schmader Ex Rel. Schmader v. Warren County School District

Commonwealth Court of Pennsylvania

Decided October 9, 2002Published

1Dissent

DISSENTING OPINION BY

Judge FRIEDMAN.

I must respectfully dissent. Unlike the majority, I agree with the trial court that *601the Miscellaneous Inappropriate Behavior provision (MIB provision) of the Warren County School District’s (School District) Discipline Code is unconstitutionally vague as applied to Jedidiah Schmader (Jedidi-ah).

The majority reminds us that, because schools need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the United States Supreme Court has determined that school disciplinary rules need not be…

2Cases cited8 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Bethel School District No. 403 v. FraserSupreme Court of the United States · 1986
  4. Brian A. Ex Rel. Arthur A. v. Stroudsburg Area School DistrictDistrict Court, M.D. Pennsylvania · 2001
  5. Alex v. AllenDistrict Court, W.D. Pennsylvania · 1976

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