Decision on RIH Conduct Policy Still Pending

The regional high school district is awaiting a decision from the state on its disputed conduct policy.

The administration at the Ramapo Indian Hills Board of Education had not been notified as of noon today on the Department of Education's decision that will decide the fate of a policy that levied in-school punishments for out-of-school behavior.

The state has until today to issue a final ruling on the policy, which was struck down by Administrative Law Judge Richard McGill in a decision reached in June. Beth Auerswald, a spokesperson for the Department of Education, said the parties to the decision would have to be notified before any information is released to the public. Furthermore, the state will not release any information until up to four days after the parties have been instructed, meaning the department commissioner's written decision will not be released until Thursday at the earliest.

Former Commissioner Bret Schundler had been granted an extension to Sept. 13 to review McGill's decision, which was supposed to be accepted, rejected or modified by the DOE by July 29. The district's policy, which allows the Board of Education to potentially suspend students from activities if they run into trouble with alcohol and/or drugs off school grounds, stands while the final decision is pending.

Superintendent Dr. C. Lauren Schoen has said the board will review the policy once the decision is reached.

The dispute originated with a Franklin Lakes family who informed the school board last year that their two students would not sign a pledge in keeping with the policy, which states that students face suspension from extracurricular activities if they get in trouble with alcohol or drugs, whether on or off school grounds.

McGill rejected a motion to dismiss the complaint and found that the policy was unconstitutional. The judge wrote that the board overstepped its authority and infringed on parents' rights by asserting its prerogative to suspend students from activities for up to 180 days for an infraction that may have taken place when the student was not under the authority of the district.

The judge wrote that the policy was "grossly overbroad" and said the district "has no authority" to "impose a consequence" for violations of local or state law.

The board and administration have said the policy was a response to increasing incidents of drug and alcohol use by teenagers. It was adopted only after a series of hearings over several years. The board has since filed exceptions to McGill's decision, arguing that their policy should stand.

Despite the judge's opinion, the Department of Education is free to interpret the policy and decision as it wishes. Theoretically, McGill's decision can be rejected entirely. 

The board will meet tonight, with the public session beginning at 8 p.m. in the Indian Hills High School auditorium. Click here for an agenda.