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BREMEN PUBLIC SCHOOLS v. VARAB

No. 3-1185A308.

496 N.E.2d 125 (1986)

BREMEN PUBLIC SCHOOLS, Defendant-Appellant, v. Mark VARAB and Robert Balsley, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

August 12, 1986.

Attorney(s) appearing for the Case

Mark E. Wagner, Kizer, Neu, Joyce, Wyland, Humphrey, Wagner & Gifford, Bremen, for defendant-appellant.

David J. Emmert, Indianapolis, for amicus curaie Indiana School Boards Ass'n.

E. Nelson Chipman, Jr. Chipman & Chipman, Plymouth, for plaintiffs-appellees.

GARRARD, Judge.

On February 19, 1985, Varab and Balsley were accused by the Bremen Public School Corporation (appellant) of smoking or possessing marijuana while in school. An administrative hearing was held pursuant to Indiana's Due Process and Pupil Discipline Act, IC 20-8.1-5, and the students were expelled for the remainder of the regular 1984-85 academic school year. The students then sought and were granted a temporary restraining order on March 20, 1985, which...

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