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Dayton Daily News education reporter Scott Elliott writes about schools, kids, teaching and learning.
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Thursday, May 29, 2008
Appeals court to decide graduation issue Friday
Donald Domineck, the Thurgood Marshall High School parent who wants his daughter to march at graduation Saturday, told a panel of appeals court judges that the school should simply award a “certificate of completion” for 13 years of schooling in lieu of a diploma to kids who have not passed the Ohio Graduation Test.
Comparing the school board’s rule barring those who do not pass the OGT from graduation to stringent “zero tolerance” rules and mandatory sentencing laws, Domineck asked the judges grant an injunction to give him time to meet with the school board to find a solution to the dispute.
“We believe this is a case where the court must transcend the modern mode of thinking and let those kids march,” he said.
For the school board, attorney John Concannon pointed to Domineck’s service as a U.S. Marines to illustrate the school board’s position.
“Suppose someone were to achieve a promotion or a medal in the service,” Concannon said. “Following Mr. Domineck’s logic, anyone who tries for but doesn’t merit that promotion or medal ought to be included in the ceremony and get a blank box, or the whole ceremony should be called off.”
Concannon said courts have long held that school boards have wide discretion as to who participates in extracurricular activities, whether graduation or clubs or sports teams. Courts have ruled, for instance, that coaches can establish rules for hair length for members of a team and that decision cannot be overturned by a court.
The three judge panel from Ohio’s Second District Court of Appeals included juges Mike Fain, William H Wolff, Jr., and Mary E. Donovan. Wolff said a decision would be filed by no later than the end of the day Friday.
Domineck said after the hearing that he will seek support from politicians and ask for contributions to cover attorneys fees for an appeal to the Ohio Supreme Court if his injunction request is denied.
Domineck also said he and another Thurgood Marshall parent plan to run for school board in November in the wake of the controversy.
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