J.A., A CHILD
v.
SCHOOL BOARD OF BREVARD COUNTY
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A student's admission of prior alcohol consumption at home, without evidence of use or possession at a school-sponsored event, does not violate a policy prohibiting alcohol use at such events.
[1] A student's admission of consuming alcohol at a location other than school grounds or a school-sponsored event, without evidence of possession or use at the school-sponso…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“What it does prohibit is the use, possession, concealment, or distribution of drugs, drug paraphernalia or the misuse of an intoxicating product (such as alcohol) on school grounds, on school vehicles, or at a school-sponsored event, which the School Board did not prove by its evidence at the final hearing.”
Court explaining the gap between what Policy 5530 actually prohibits and what the School Board attempted to prove
J.A. consumed one beer at a friend's grandparents' home approximately two hours before attending a school-sponsored homecoming dance. During an invest…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
J.A., A CHILD,
Appellant,
v. Case No. 5D17-4052
SCHOOL BOARD OF BREVARD COUNTY,
Appellee. ________________________________/
Opinion filed February1, 2019
Administrative Appeal from the School Board of Brevard County, Florida.
Scarlett
G.
Davidson, of Culmer & Davidson, P.A., Rockledge, for Appellant.
Suzanne D’Agresta and Erin J. O’Leary, of Garganese, Weiss, D’Agresta & Salzman, P.A., Orlando, for Appellee.
PER CURIAM.
J.A., a minor, appeals the final administrative order of the School Board of Brevard County (the “School Board”) expelling him from high school based upon a violation of its Policy 5530.1 J.A. admitted that he consumed an alcoholic beverage while he was at the
School Board Policy 5530 “prohibits the use, possession, concealment, or distribution of any drug or any drug-related paraphernalia as the term is defined by law, or the misuse of a product containing a substance that can provide an intoxicating or mood-altering effect on school grounds; on school vehicles; and at any school-sponsored event.” No evidence was presented at the expulsion hearing that J.A. consumed or possessed alcohol while at the dance, nor, for that matter, did the School Board allege or find that he did. Rather, the School Board explained in its order that it had expelled J.A. because he “admitted to the use and was discovered to have used alcohol in the course of an investigation.” What occurred is that other individuals and students at the dance, not associated with J.A., exhibited signs of being under the influence of alcohol. This triggered an investigation at the dance by School Board employees who were there chaperoning. J.A. was one of a number of additional students who were questioned, and it was during this investigation that he admitted to having consumed “one beer” approximately two hours before arriving at the dance.
The School Board candidly acknowledges in its brief that a disclosure or admission by a student of his or her prior use of alcohol, by itself, is not grounds for expulsion. It nevertheless argues that J.A. was properly expelled because “a student is subject to contains no evidence or even a suggestion that J.A. committed any type of assault or battery, we are at a bit of a loss as to why he was found to have violated this policy.
Accordingly, we vacate the decision of the School Board.
FINAL ORDER OF EXPULSION VACATED.
EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.