Expelled Student Lacks Specifics in Breach of Contract Claim
by
Joseph C. Maya on Apr. 26, 2017
Other Education Business Contract Lawsuit & Dispute Lawsuit
Summary: Blog post about a student who tried to sue his school using a theory of breach of contract after he was expelled for possessing a knife on school grounds.
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In the case of Pelletier v. Southington Board of Education, an expelled high school student sued a local board of education alleging the board of education breached its term of contract between the school and the student. A breach of contract is a legal cause of action in which an agreement or bargained-for exchange is not honored by one or more of the parties by their non-performance or interference with the other party’s performance. The board argued it fulfilled is obligations, and moved for summary judgment, a preemptive court decision in favor of the board of education over the student.
The student was expelled when he was found in possession of a knife on school grounds. The student was a resident of another town, but attended Southington High School so he could participate in the agriculture and science program. Prior to the student's expulsion hearing, the student and his father met with school officials to discuss his expulsion and his return to his home school district. The student and his father signed a waiver and agreement under which they waived an expulsion hearing in exchange for the board's agreement to not refer to the student by name in any vote to expel him. The third clause of the agreement provided for homebound instruction during the student's expulsion. However, the clause did not mention the BOE by name nor did it affirmatively obligate the board of education to perform in any specific manner. Consequently, the board of education did not breach the agreement. “It is undisputed that the plaintiff was to be expelled from Southington High School, and that any homebound instruction would be provided through the [board of education]” says the court. “How that was to be effectuated was not [specifically detailed] in the Waiver and Agreement, and not before the court to [decide as a matter of law].”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Pelletier v. Southington Bd. of Educ., 2010 Conn. Super. LEXIS 2749, 2010 WL 4609386 (Conn. Super. Ct. Oct. 21, 2010)