Consolidated School District Number 2 v. King Ex Rel. Dresselhaus

786 S.W.2d 217, 1990 WL 32774
CourtMissouri Court of Appeals
DecidedMarch 27, 1990
DocketWD 41841
StatusPublished
Cited by10 cases

This text of 786 S.W.2d 217 (Consolidated School District Number 2 v. King Ex Rel. Dresselhaus) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidated School District Number 2 v. King Ex Rel. Dresselhaus, 786 S.W.2d 217, 1990 WL 32774 (Mo. Ct. App. 1990).

Opinion

NUGENT, Chief Judge.

Defendant Consolidated School District No. 2 (hereinafter the District) appeals from the reversal by the circuit court of its suspension from school of plaintiff Art King, an eighth grade student at Raytown Middle School. The District argues that the trial judge erred in finding that it did not base the suspension upon competent and substantial evidence and that in suspending him, the district abused its discretion and acted arbitrarily, capriciously and unreasonably.

We reverse the circuit court’s decision.

On the morning of September 20, 1988, at a school bus stop a “butterfly knife” fell from the plaintiff’s jacket pocket as he and other students awaited the school bus. Another student’s mother telephoned Norman Brooks, the school’s principal, and told him *218 that “someone had exhibited a knife at the bus stop.” When the bus arrived at school, Mr. Brooks questioned the students and identified Art King as the boy with the knife. The boy had threatened no one with the weapon. He then questioned Art and accompanied him to another student’s locker and recovered the knife.

Mr. Brooks immediately suspended Art for ten days. He reported the matter to the district superintendent, including in his report alternative recommendations for punishment. First, he suggested that the district suspend the boy for the remainder of the semester. In the alternative, he recommended that, since Art “did not actually threaten anyone with this knife and, in recognition of his excellent school record,” the superintendent suspend the boy for ten days out-of-school followed by a ten-day in-school suspension and a period of probation with the threat of suspension for a minimum of an additional ninety days if the plaintiff again brought the knife to school. He also reported that the district had already suspended two students for possessing knives at school but that those students had poor disciplinary records, whereas Art’s “conduct grades, as well as his scholarship grades, are considerably above average.”

The boy and his mother, Ms. Dressel-haus, attended a hearing on September 27 to review the suspension and determine possible further punishment for the boy. Following the hearing, the superintendent suspended the boy for the remainder of the semester, seventy-eight days, until January 24, 1989.

The plaintiff’s parents appealed the suspension, and the school board met on October 11 to hear the appeal. By then, Art had returned to school because the initial ten-day suspension had ended and the appeal of the superintendent’s suspension awaited review by the school board.

At the school board hearing, Mr. Brooks, the principal, testified that Art “has had an excellent disciplinary record” and he described his grades as “considerably above average.” The district assistant superintendent, Dr. Foraker, testified that in punishing students who brought knives to school he would not distinguish between them based on their scholastic achievement because of “the possibility of an unfortunate incident occurring” when pupils bring knives into the school.

The school board upheld the superintendent’s suspension, and the plaintiff petitioned the circuit court for review. The court entered judgment in favor of the plaintiff, ruling that the school board had acted arbitrarily, capriciously and unreasonably, had abused its discretion and that, based upon the record as a whole, competent and substantial evidence did not support the suspension order. The District appealed.

“[A]n appellate court sitting in review of an administrative agency reviews the findings and decisions of the agency and not the judgment of the circuit court.” City of Cabool v. Missouri State Board of Mediation, 689 S.W.2d 51, 53 (Mo.1985) (en banc); Knapp v. Missouri Local Gov’t Employees Retirement System, 738 S.W.2d 903, 912 (Mo.App.1987). In reviewing administrative factual determinations, a court must view the evidence in a light most favorable to the administrative agency’s decision and may not substitute its judgment for that of the agency. Gamble v. Hoffman, 732 S.W.2d 890, 892 (Mo.1987) (en banc). A court may reverse an administrative decision only if no substantial and competent evidence supports it or the agency has abused its discretion or acted arbitrarily, capriciously or unreasonably. Id.; § 536.140.2, Revised Statutes of Missouri, 1986.

Further, we review this case mindful of the reluctance of Missouri courts to interfere in a school district’s exercise of its discretion. Smith v. Consolidated School Dist. No. 2, 408 S.W.2d 50, 53 (Mo.1966) (en banc). We also heed the Supreme Court’s admonition that “the appropriate means of school discipline is committed generally to the discretion of school authorities subject to state law.” Ingraham v. Wright, 430 U.S. 651, 682, 97 S.Ct. 1401, 1418, 51 L.Ed.2d 711 (1977).

*219 The plaintiff contends that we should dismiss the appeal as moot. He argues that since he has completed the eighth grade and attends a private school outside his public school district, no practical effect or relief can arise from our decision. See Missouri Real Estate Commission v. Carr, 695 S.W.2d 169, 170 (Mo.App.1985). A cause of action becomes moot when the question presented for decision seeks judgment upon a matter that, when adjudicated, would have no practical effect on any existing controversy. Bank of Washington v. McAuliffe, 676 S.W.2d 483, 487 (Mo.1984) (en banc).

In Shaw v. Park Hill R-V School Dist., 630 S.W.2d 610, 611 (Mo.App.1982), we dismissed as moot the appeal of a student suspended from school for ten days and suspended permanently from the cheerleading team. We reasoned that, since the appeal reached us after the student had graduated, adjudication of' the appeal would have had no practical effect. Id.

Here, however, the plaintiff still lives in the district and by law has the right to return at any time to a public school within that district. The appeal process has stayed his suspension. Although he has attended a private school outside the district for nearly three semesters, he has done so while his suspension remained stayed. Thus, according to the District’s calculation, he has served only nineteen days of the seventy-eight-day suspension.

In its first point on appeal, the defendant District argues that competent and substantial evidence supported the superintendent’s suspension order.

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786 S.W.2d 217, 1990 WL 32774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-school-district-number-2-v-king-ex-rel-dresselhaus-moctapp-1990.