Petitioners contend that their due process rights were violated. Specifically, petitioners challenge respondents' scheduling of the hearing during school hours, thereby requiring student witnesses to miss class. Petitioners also challenge the superintendent's refusal to allow testimony from minors without parental approval. Petitioners argue that the superintendent only called witnesses favorable to the district's case. Finally, petitioners contend that respondents failed to subpoena a witness they requested.
Petitioners request a new hearing and reimbursement for costs.
Respondents raise a number of procedural defenses and maintain that they did not violate petitioners' due process rights. First, respondents argue that the appeal must be dismissed because of improper service. Petitioners name the board of education, its individual members, and the superintendent of schools as respondents. However, the record indicates that service was made only upon respondent board. Respondents also argue that the appeal must be dismissed because it is moot and petitioners do not request expungement of Michael's disciplinary record.