In Allen v. Harlem Intl. Community School , LaShawn Allen - parent of an expelled student -- sought to recover the tuition paid to Harlem International -- a "private charter grammar school."
LaShawn's daughter and the school's principal, Ms. Simpson, had an "acrimonious" relationship which worsened when Ms. Simpson directed the child to write "I will not say shut up," 1000 times, as a disciplinary assignment.
LaShawn was none too pleased when she heard of the punishment and filed harassment charges against the principal. Soon thereafter, LaShawn's daughter was expelled for "incorrigible behavior."
After the New York County Small Claims Court found in LaShawn's favor and awarded her $1,500, an appeal to the Appellate Term, First Department, ensued.
Relying on the School's "Rules and Regulations," the AT1 found that the only situations warranting expulsion were a "student's use of illegal drugs or resort to violent behavior." Since neither basis applied, the AT1 thought the expulsion was wrongful.
Justice Douglas McKeon, a lone dissenter, was of the opinion the school's "Rules and Regulations" shouldn't be read so narrowly. Private schools, such as Harlem International, have "broad discretion" when it comes to disciplining students and "a private school may expel a pupil when such action is in the best interest of the school, child, or other students." Further, LaShawn was fully aware of the school's rules before she enrolled her daughter and, if she felt they were too strict, was free to choose another institution. However, the dissent noted LaShawn "got what she bargained for: an ultra-strict private school run by a no nonsense principal who is a strict disciplinarian."
As there was no evidence of "corporal punishment or criminal conduct," McKeon believed the claim should have been dismissed.
This school's out!
To download a copy of the Appellate Term's decision, please use this link: Allen v. Harlem Intl. Community School