The opinion
STATE OF MAINE SUPERIOR COURT
CIVIL ACTION
YORK, ss. DOCKET NO. AP-02-38
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JOHN REGUERA and
KATHLEEN REGUERA, Indiv. &
behalf of ITT REGUERA
on behalf of SCO GU. , L. GARBRECHT
Plaintiffs LAW LIBRARY
v. ORDER NOV 27 GR
MAINE SCHOOL ADMINISTRATIVE
DISTRICT NO. 60 BOARD OF DIRECTORS,
et al.,
Defendants
This is a Rule 80B appeal from a decision of the M.S.A.D. 60 Board expelling
Scott Reguera. For reasons stated below, the appeal is Denied.
There is no dispute that Scott Reguera played at least a supporting role in two
serious and highly disruptive incidents at Noble Middle School: a small fire in a
bathroom of the school, and, two days later, a bomb threat which caused an evacuation.
However, the petitioners argue that the penalty of expulsion was too harsh a sanction,
given Scott Reguera’s performance in school otherwise, and may have certain highly
negative collateral consequences in the future. They argue that a recent Federal case,
Logiodice v. Trustees of Maine Central Institute, 296 F.3d 2002 (1° Cir. 2002) suggests in
dicta that only when serious misconduct is combined with a pattern of incorrigible
behavior should the sanction of expulsion be imposed.
Accepting that Scott Reguera does not have a history of misconduct, that he was
honest about and remorseful for the conduct at issue and that his parents have
responded appropriately, nevertheless, the legislature has mandated that school boards
shall expel any student who is deliberately disobedient or deliberately disorderly. 20-A
M.R.S.A. §1001(9)(A). Here, following a due process hearing, the school board made
the requisite findings, which are supported by the record. In essence, Scott Reguera
argues that the sanction imposed was disproportionately harsh because, while the
misconduct was extremely serious, insufficient consideration was given to his positive
qualities. However, by statute the sanction decision rests within the discretion of the
school board and only upon a clear showing of abuse could a court intervene. No such
showing has been made in this case.
The entry will be:
Appeal Denied.
Dated: November 2, 2002 / )
CUE oC
/ G. Arthur Brennan\
/ Justige, Superior Court
PLAINTIFFS: Amy McGarry, Esq. DEFENDANTS: James Schwellenbach,
NADEAU AND MCGARRY DRUMMOND WOODSUM MCMA
1332 Post Road Suite 4A PO Box 9781
Wells Me 04090 Portland Me 04104-508