Legal Opinion

West Clark Community Schools v. H.L.K.

Indiana Supreme Court

Decided December 24, 1997No. 10S01-9611-JV-706PublishedCited by 9 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that a child challenging school discipline must do so by following the judicial review procedures of our state’s pupil discipline statute and not by seeking relief under the juvenile code. However, we conclude that these judicial review procedures do not wholly oust juvenile courts of authority with respect to school corporations.

Background

Fourteen-year-old H.L.K. was adjudicated a delinquent child on June 26, 1995, for committing an act which, if committed by an adult, would have constituted a felony, to wit, criminal recklessness.1 In the…

2Cases cited5 opinions

  1. Austin Lakes Joint Venture v. Avon Utilities, Inc.Indiana Supreme Court · 1995
  2. Wilson v. Board of the Indiana Employment Security DivisionIndiana Supreme Court · 1979
  3. Sanders v. StateIndiana Supreme Court · 1984
  4. Indiana Alcoholic Beverage Commission v. Osco Drug, Inc.Indiana Court of Appeals · 1982
  5. West Clark Community Schools v. H.L.K.Indiana Court of Appeals · 1996

3Cited by9 opinions

  1. Neal v. Termination of the Parent-Child Relationship of M.N.Indiana Supreme Court · 2003
  2. Schrenger v. Caesars IndianaIndiana Court of Appeals · 2005
  3. B.S. Ex Rel. Schneider v. Board of School Trustees, Fort Wayne Community SchoolsDistrict Court, N.D. Indiana · 2003
  4. State v. EvansIndiana Court of Appeals · 2003
  5. Katherine S. v. ForemanCourt of Appeals of Arizona · 1999

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