First Philadelphia Charter School for Literacy

“Pa. judge: No expulsion for kindergarten touching.” Associated Press 13 Jun 2011

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...

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...

The boy had been suspended for 10 days in December for touching a girl’s bottom while under a table picking up crayons. He was then suspended twice for stepping on his classmates’ shoelaces or otherwise tripping or shoving them, according to the school’s brief.

Panepinto focused solely on the March 19, 2010, touching incident in concluding that the school had abused its discretion.

“In permanently expelling a 6-year-old kindergarten student that had only been in school for seven months, (the school) made a gross abuse of discretion that was not supported by evidence in the record,’’ the judge wrote...