Jennifer Abernethy 31 January 2012 Dr. Hollstein: MED 6490 Title: Date: 1993 Allen v Casper Citation: 87 Ohio App. 3d 338, 622 N.E. 2d 367 Level: Court of Appeals of Ohio Facts: The Allens signed applications and agreements that indicated their understanding of how to access faculty, administrators, and the board for concerns. They signed and returned the agreements, which are considered contractual in the private school. After multiple miscommunications during which the administrator handled all conflicts according to the agreements, the parents were asked to withdraw their children. The parents continued to discuss concerns with others rather than to go from level to level as set out in the contract. The parents were reimbursed tuition for their children and given one week to find a new school, although they sued for unlawful dismissal of their children. Issue: Was the dismissal in violation of the children’s due process rights? Holding: No. Contracts for private education do not fall under the like public “state” schools do. The parents failed to produce evidence of a violated contractual right. They also failed to produce evidence of abuse of discretion. The parents knew their children could be removed from the school if they failed to comply with the contractual agreements. Doctrine: Fourteenth Amendment Significance: Private schools can expel based on their own contractual agreements rather than due process.
Jennifer Abernethy 31 January 2012 Dr. Hollstein: MED 6490 Title: Allen v Casper Date: 1993 Citation: 87 Ohio App. 3d 338, 622 N.E. 2d 367 Level: Court of Appeals of Ohio Facts: The Allens signed applications and agreements that indicated their understanding of how to access faculty, administrators, and the board for concerns. They signed and returned the agreements, which are considered contractual in the private school. After multiple miscommunications during which the administrator handled all conflicts according to the agreements, the parents were asked to withdraw their children. The parents continued to discuss concerns with others rather than to go from level to level as set out in the contract. The parents were reimbursed tuition for their children and given one week to find a new school, although they sued for unlawful dismissal of their children. Issue: Was the dismissal in violation of the children’s due process rights? Holding: No. Contracts for private education do not fall under the “state” like public schools do. The parents failed to produce evidence of a violated contractual right. They also failed to produce evidence of abuse of discretion. The parents knew their children could be removed from the school if they failed to comply with the contractual agreements. Doctrine: Fourteenth Amendment Significance: Private schools can expel based on their own contractual agreements rather than due process.
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