TribLIVE

| Home


 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

Former Penn Hills student claims he was expelled without due process

Daily Photo Galleries

Tuesday, Nov. 20, 2012, 1:58 p.m.
 

A former Penn Hills student and his mother claim in a federal civil rights lawsuit filed Tuesday that the Linton Middle School principal expelled him without a hearing or due process and, consequently, no charter school will enroll him.

Zyion Handburgh, 13, and his mother, Michelle Berish of Penn Hills, are asking a judge to reinstate him as a student.

Charles Steele, one of Handburgh's lawyers, said the teen wasn't really “expelled” because that would imply he went through the expulsion process. Instead, Principal Shaun Cooke simply told Berish that her son was no longer a student, the lawsuit says.

“I've never seen it done like that,” he said.

Handburgh and Berish are only suing the district, but the lawsuit is based on what they claim Cooke did.

District spokeswoman Teresita Kolenchak, solicitor Craig Alexander and Cooke couldn't be reached for comment.

The lawsuit claims that Handburgh suffers from emotional disturbance, behavior problems and attention deficit hyperactivity disorder, but the district has refused to provide him with an Individual Education Plan or other support required by federal disability and state and federal school laws.

Cooke suspended Handburgh for two days on Oct. 28 after he disrupted class during a math test on Oct. 24, according to court documents. Cooke scrawled “return to alt ed” on the back of a business card that he sent home with Handburgh, the lawsuit says.

When Berish asked Cooke on Oct. 31 what homework her son needed to make up, Cooke said he had none because he was no longer a student, the lawsuit says.

None of the surrounding charter schools will enroll Handburgh because they don't understand why Penn Hills kicked him out, according to the lawsuit.

Brian Bowling is a staff writer for Trib Total Media. He can be reached at 412-325-4301 or bbowling@tribweb.com.

Subscribe today! Click here for our subscription offers.

 

 

 


Show commenting policy

Most-Read Stories

  1. Penguins acquire defensemen Lovejoy, Cole in deadline deals
  2. Power play shines in Penguins’ home victory over Blue Jackets
  3. Pirates starting pitcher Worley is in right place, right time with team
  4. Penguins forwards struggle in loss to Avalanche
  5. Icy roads bring numerous accidents in Western Pa.
  6. No tag for Worilds; Steelers cut Moore
  7. Teacher conduct under spotlight in Pennsylvania
  8. Pirates sickened by pic of ‘Jihadi John’ wearing Bucs ball cap
  9. Passion for speed fuels Ligonier man’s slippery dash in winter rally
  10. Starkey: In defense of Mel Kiper Jr.
  11. Greensburg pair jailed in convenience store robbery