Thursday, March 10, 2011

5th Circuit: Disciplinary Exclusion of High School Student Did Not Violate His Free Exercise Rights

In C.H. II v. Rankin County School District, (5th Cir., March 4, 2011), the U.S. 5th Circuit Court of Appeals rejected a high school student's claim that his free exercise rights were violated by disciplinary action taken against him in connection with an auto body class.  After the student's misbehavior in the class-- offered by a community college to high school students-- the instructor and the director refused to allow the student to continue in the course unless he received counselling or at least unless he and his father signed an instructor-student contract outlining expected behavior. They refused, citing religious reasons. The court held that the school was merely enforcing a generally applicable rule of discipline against the student and that his constitutional rights were not violated.