01-3933 Gabrielle M. v. Park Forest-Chicago Heights, Illinois, School District 163

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“The record reveals that the school district’s response to Jason’s inappropriate conduct was not clearly unreasonable. After each reported or observed instance involving Jason and other students, Jason was disciplined and steps were taken to prevent future inappropriate conduct. When Mulry saw Jason jump on Gabrielle’s back at recess, he was disciplined and suspended from recess for the rest of the week. When Jason leaned against Gabrielle with his hands on his zipper, he was placed in time out. When he pulled down his pants exposing his underwear to other students in the class, Jason was temporarily removed from the class, disciplined by McJimpsey, and his mother was called. When Jason exposed himself to three other boys two days later, he was again sent to McJimpsey’s office, his mother was called, and he received detention. And when Jason and Ashley were seen with their hands down each other’s pants and when the students revealed that Gabrielle and others were involved as well, all of the students were sent to the school’s psychologist to discuss the incident and their parents were called. After serving a two-day suspension, Jason was transferred to a different kindergarten class. Additionally, Jason was placed at an isolation table for two weeks during lunch and recess period before he was allowed to rejoin his new class.

“Here, in light of each of the immediate disciplinary and preventative steps the school district had already taken in response to Jason’s conduct, including most prominently the decisions to move him to another class entirely and eventually to grant Gabrielle’s request for a school transfer, it was not clearly unreasonable as a matter of law initially to assign an instructor to oversee a communal recess and lunch period instead of immediately rescheduling the lunch and recess period for a whole kindergarten class. Nor is it clearly unreasonable that in days of inclement weather Gabrielle and Jason may have had occasion to interact in the one lunchroom where all the school’s students had to take lunch. In both instances, the school may take into consideration administrative burdens or the disruption of other students’ or their teachers’ schedules in determining an appropriate response. As Davis noted, courts should refrain secondguessing the disciplinary decisions made by school administrators.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Lefkow, J., Kanne, J.