“The trial court’s judgment reversing the decision of the school board sends a signal that the board’s policy and state law will not be strictly enforced.”
How later courts described this case
- “The trial court’s judgment reversing the decision of the school board sends a signal that the board’s policy and state law will not be strictly enforced.”
Written by the judges who cited it.
The opinion
I respectfully dissent. Ala. Code 1975, § 12-15-30(c)(2) vests the juvenile court with jurisdiction over this case. That court heard evidence, ore tenus, and its determination is presumed correct unless plainly and palpably wrong. J.L.B. v. State Department of Human Resources , 608 So.2d 1367
(Ala.Civ.App. 1992); Matter of Young , 456 So.2d 823 (Ala.Civ.App. 1984). The juvenile court found that an eight-week expulsion of a model student was not an appropriate penalty for an unintentional violation of a school board rule. After a careful review of the record in this case, I believe that the juvenile court's determination is supported by the evidence. I would therefore affirm. *Page 134