Phillip Leon M. v. Greenbrier County Board of Education

RECHT, Judge, delivered the Opinion of the Court.1

The Greenbrier County Board of Education, et al.2 (hereinafter Board of Education) appeals an order of the Circuit Court of Greenbrier County requiring the Board of Education to provide some form of alternative education to J.P.M.3, who was expelled after bringing a firearm onto school property. Based on the constitutional guarantees of equal protection and “a thorough and efficient system of free schools” (W. Va. Const., art. Ill, § 10 and art. XII, § 1, respectively), the circuit court found that although J.P.M., through his behavior, had…