Rutherford County board agrees to hear appeal after family cites clerical errors in student expulsion case

Parents of a student subject to expulsion urged the Rutherford County Board of Education on June 12 to grant a board hearing, saying clerical errors and inconsistent communications might have affected the disciplinary outcome. After discussion, the board voted to grant the closed hearing.

The appeal centers on a disciplinary action that school administrators and the disciplinary hearing authority (DHA) upheld. In public comment, David Baughman, speaking on behalf of his child, said documentation and communications had conflicted at “every level of RCS administration” and that “the most recent disciplinary appeal decision letter we received had the wrong offense listed on it.” Baughman asked the board to “grant the opportunity of a hearing to provide a final examination of our child's case.”

Board members said they were sympathetic to the family’s wish to be heard even where the underlying disciplinary decisions appeared supported by the record. Board member Mr. Vaughn said he believed “everything about this decision was justified and according to the rules and regulations that we have.” Other board members, including Mr. Tidwell and Ms. Rosales, voiced concern that clerical errors could leave the family feeling unheard and supported a granting of a hearing to provide clarity for all parties.

Legal and administrative staff told the board they must be cautious discussing details in public because student disciplinary records are confidential. A staff member identified in the meeting as Monica explained that the family received corrected documentation after a typographical error appeared on an appeal letter; she described the error as a “typo” that was subsequently corrected and included in the board members’ packet.

The board first considered a motion to affirm the decision of the DHA and the director of schools; that motion failed. A subsequent motion to grant a board hearing passed on a roll-call vote. Board members voted to grant the closed hearing with the family, their legal representative (if any), the district’s representative, and school administrators in attendance. The board noted the hearing would be closed to the public to protect student confidentiality and that scheduling would depend on administrator availability; staff indicated the hearing would likely occur when school administrators return, identified in the meeting as in July.

The district’s policy 6.318 (admissions of students transferring under discipline) and the student code of conduct were cited in the meeting as governing authorities for the board’s action. The board did not reverse the underlying disciplinary finding at this session; it instead agreed to hear the appeal in a closed session to allow the family to present concerns about records and process and for the board to review the administrative record.

The board directed staff to schedule the closed hearing with the family and notified members that board procedures and confidentiality rules would govern the hearing process.