Wahl v. Brandywine Case Settles! Justice For Joseph & An End To Zero Tolerance In Brandywine!

Over two years later, the Wahl family and Brandywine have settled on a matter involving zero tolerance and due process.  As reported by Amy Cherry with WDEL this morning, Patrick Wahl, father of Joseph Wahl, has reached an agreement with the Brandywine School District.  In January of 2015, Joseph Wahl was suspended for bringing “sharp objects” to school.  While not intentional, the discovery of the objects were ripe with controversy.  Patrick Wahl began a one-man crusade to change the district’s zero tolerance policy.

I’ve been following this story for years now and I am delighted Wahl and Brandywine were able to work this out.  This morning, Patrick Wahl released the following statement:

FINALLY! JUSTICE FOR JOSEPH — AND JUSTICE FOR ALL!

I’m very happy to report that the Brandywine School District and my family have settled our differences. I would like to thank the Brandywine School District for all of the work they’ve done to improve policies and to prevent the situation that occurred with my family from ever happening again. At their heart, these changes recognize that “exclusionary discipline” — out-of-school suspensions and expulsions which deny children their property right to a free education — must not be doled out cavalierly, and should be treated with all the seriousness and due process that denying this property right merits.

I said that Joseph’s suspension would not stand. It fell. I said that policies would be changed. They have been. And I said that Delaware’s “Zero Tolerance” laws which tie the hands of school administrators must go. They’re next.

As a result of Joseph’s case, the District has already created and implemented a new, mandatory training program for administrators regarding student rights, due process, what reasonable suspicion is and what it isn’t, how to conduct searches properly, and what the grievance processes are should a student or parent feel treated unfairly. They have fixed their Defiance Policy, clarifying that students can refuse certain requests without fear of punishment. Students will know why they are being searched and absent an immediate threat, students will be allowed to await their parent before any individualized search of their person or personal possessions.

Whenever a student is suspended from school, he or she will be given a form that is now truly informative, even including the contact information for any police officer who has been notified. No parent need lay awake ever again worrying that his child is under criminal investigation, and without any way to find out the status of that investigation. Steps to appeal the suspension are now spelled out on this very form, as is notification of any right to stay in school during an appeal process.

Even more importantly, the District will issue a position statement opposing “Zero Tolerance” laws and calling for our legislators to give our school administrators the ability to address disciplinary issues on a case by case basis. The District vows to lobby for this discretion. Schools breaking their silence on this issue is exactly what’s needed to get our legislators to reform bad law.

Remember when the Christina School District expelled the third-grader whose grandmother had sent a birthday cake and a knife with which to cut it to the school? The teacher used the knife, then reported the girl to the administration for having brought a dangerous weapon to the school. This mind-boggling case led to Delaware amending a law and giving school districts the ability to consider the circumstances when making expulsion decisions. That same law must now be amended once more, this time to include suspension decisions. It is a very simple change to make.

Out-of-school suspensions for first-time, unintentional offenses are especially harmful to the marginal, at-risk student. How many disciplinary issues would be better handled by an in-school suspension, where the offender can be assigned educational tasks like writing an essay about his behavior, performing some service around the school, and perhaps apologizing in front of an assembly? If there is no investigation as to who started a fight, are we punishing the victim and turning a blind eye to bullying?

Case by case does not mean weak! On the contrary, when a punishment does not fit the offense, students learn not about justice but about injustice. Students do not turn in found contraband, because they fear, correctly, that doing so will get them punished. They learn to subvert rules and policies and to have no respect for authority.

How long will Delaware schools be forced to treat plastic knives the same way they treat guns? How long are we going to keep pretending that the Advil a student inadvertently brings to school might as well have been cocaine? What happens when a student from a broken home, already feeling that school may not be the place for him, is told he is not welcome on school grounds or in school activities for a week? How does further alienating him from the school advance his education or that of others? It’s time we end the criminalization of childish mistakes. Zero tolerance policies, too, will fall.

Thank you very much to all of you for your support. Community involvement is essential if our schools are to thrive.

Oh, and one more thing.

I’m 51 years old and starting law school at Widener in the fall!

Hey, Grandma Moses didn’t start painting until she was 78 years old!

#BSDisGreatandGettingBetter

Wahl was not alone in issuing a statement.  The district released the following language concerning the issue:

The District appreciates Joseph Wahl raising awareness of potential imperfections in the Defiance, Search and Seizure, and Due Process provisions in our Student Code of Conduct. While we admit no liability, we have used Joseph’s situation as a learning opportunity and have made substantive changes to the District’s policies, procedures, and practices including changes to our Student Code of Conduct. We have also implemented safeguards to ensure teachers, administrators, and other school employees are properly trained regarding the students’ rights. These revised provisions are available on the District’s Facebook page, website and will be printed in the next printed version of the Student Code of Conduct. Faculty and staff will be receiving training on these revised procedures.”

It looks like Brandywine’s zero tolerance policy will become a thing of the past.  All Delaware school districts should get rid of these obscene policies.  Our General Assembly should do whatever it takes to make them extinct as well.  While no one wants a Columbine situation at our schools, there is such a thing as taking things too far.  Zero tolerance results in situations exactly like what Joseph Wahl went through.

Never underestimate the will and resolve of a parent when something doesn’t feel quite right.  Wahl fought the district, the Brandywine Board of Education, took it to the State Board of Education, had a FOIA complaint ruled in his son’s favor with the Delaware Department of Justice, and filed suit.  Some have said he didn’t have to do this, but look at the results.  He got the district to change a policy.  That is not an easy thing to do, especially when dealing with a discipline issue.  I salute Wahl for his perseverance.

If Wahl does become a lawyer, I can only imagine what opposing attorneys would go through in a courtroom if this case was any indication.

To follow the storyline of Wahl v. Brandywine, please go to the following links.  It looks like all of Wahl’s Youtube videos are no longer viewable.

brandywine-board-violated-foia-according-to-doj-legal-opinion-over-removal-of-student-discipline-record/

holodick-brandywine-name-in-lawsuit-as-father-seeks-justice-for-year-long-nightmare/

patrick-wahl-launches-youtube-video-called-why-im-suing-the-brandywine-school-district-its-not-for-my-kid-its-for-yours/

an-open-letter-to-brandywine-superintendent-dr-mark-holodick/

brandywine-threatens-8-million-in-cuts-if-referendum-doesnt-pass-40-teachers-at-risk-of-losing-jobs/

doc-holodick-gets-superintendent-of-the-year-patrick-wahl-gets-the-ed-parent-warrior-of-the-year-award/

 

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