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2009AP2845-W Madison Metropolitan School District v. Circuit Court for Dane County

By: WISCONSIN LAW JOURNAL STAFF//July 14, 2011//

2009AP2845-W Madison Metropolitan School District v. Circuit Court for Dane County

By: WISCONSIN LAW JOURNAL STAFF//July 14, 2011//

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Education
Expulsion

A circuit court does not have statutory authority to order a school district to provide alternative educational services to a juvenile who has been expelled from school by a lawful and unchallenged expulsion order but is still residing in the community.

“[T]he court of appeals concluded that the District had the explicit statutory authority to refuse to provide educational services to a juvenile who has been expelled pursuant to a valid expulsion order, and that authority is not overridden by Wis. Stat. § 938.34(7d).”

“The court of appeals was correct. We are unable to interpret § 938.34(7d) as broadly as the circuit court suggests because it would empower the court to order school districts to create programs or enter into contracts. The language in subsection (7d)(a)——‘order the juvenile to attend’——is quite different from the language in subsection (7d)(b)——‘order the school board to disclose.’ The latter language is a clear directive to the school board; the former is not.”

Affirmed.

2009AP2845-W Madison Metropolitan School District v. Circuit Court for Dane County

Prosser, J.

Attorneys: For Appellant: Bell, Matthew William, Madison; For Respondent: Meredith, Bruce, Madison; Cahill, Bryan J., Madison

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