School Denies Expulsion Wrong

— Bentonville School District officials have denied wrongdoing in a federal lawsuit in which a couple claims the district violated their son’s constitutional rights by expelling him after he was accused of truancy and smoking marijuana.

The answer, filed Monday, also seeks dismissal of the suit.

Mike and Kristy Acuff claim their son’s constitutional right to due process was violated.

According to the suit, the district suspended “D.A.,” as the student is described in the legal filings, after he was accused of leaving school grounds and smoking marijuana prior to the school day’s start, then returning to school under the influence of the drug.

The suit alleges the student was not allowed to cross-examine his accusers and present evidence favorable to his case, including a drug test that was ignored by a disciplinary board and the school board.

The suit contends the district has no authority and no governmental interest in punishing the Acuffs’ son for acts that occur off school property and do not affect the school.

U.S. District Judge Robert Dawson dismissed Superintendent Gary Compton and Principal Kim Garrett earlier this month. Dawson ruled the two administrators did not act outside the capacity of their jobs and the school board has the ultimate responsibility to decide whether a student should be expelled.

Dawson also dismissed the Acuffs’ procedural due process claims against the school district, saying there is no right to cross-examine accusers in a school disciplinary action.

Dawson let stand substantive due process claims. He said allegations that the disciplinary board refused to consider evidence presented by the student and the student may have been expelled with no evidence he committed the offenses is sufficient to keep the case headed for trial.

In Monday’s answer, the district said it has a written statement from D.A. in which he admitted possessing marijuana and said that he put it in his shoe before returning to campus.

The district also maintains D.A. was not denied a public education because he was provided with a publicly funded alternative education program where he earned sufficient credits to be promoted to the next grade level.

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