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Monday, June 13, 2011

Pa. judge: Charter schools Question: No expulsion for kindergarten touching - Boston.com

Pa. judge: No expulsion for kindergarten touching - Boston.com

Pa. judge: No expulsion for kindergarten touching

By Maryclaire Dale
Associated Press / June 13, 2011
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PHILADELPHIA—A judge has overturned a kindergartner's expulsion from a Philadelphia charter school for touching his teacher's thighs after she complained that her legs hurt.

The 6-year-old, who had three earlier suspensions, was merely trying to comfort his teacher, the judge concluded.

"I want to make them feel better," the boy told his teacher, according to a May 23 ruling by Common Pleas Judge Paul P. Panepinto, first reported on by The Legal Intelligencer.

The case, involving the First Philadelphia Charter School for Literacy, hints at a larger question that looms as the number of charter schools explodes across the country.

The Philadelphia-based Education Law Center argued that charter schools sometimes seek more leeway in disciplining students under the theory they can always return to a traditional public school.

"This `double-standard' view is legally flawed," staff attorney Paul Lapp wrote in a brief filed on behalf of the boy's family. "Charter schools are public schools and