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J.M. v. WEBSTER COUNTY BD. OF EDUC.

No. 26904.

534 S.E.2d 50 (2000)

J.M., L.M., His Natural Mother and Guardian, and P.M., His Natural Father and Guardian, Plaintiffs Below, Appellants, v. The WEBSTER COUNTY BOARD OF EDUCATION, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 10, 2000.

Concurring and Dissenting Opinion of Justice Starcher July 20, 2000.

Attorney(s) appearing for the Case

William W. Talbott, Esq., Webster Springs, West Virginia, Attorney for Appellants.

Basil R. Legg, Jr., Esq., Clarksburg, West Virginia, Attorney for Appellee.

McGRAW, Justice:

J.M., a minor, appeals an order of the Circuit Court of Webster County that upheld a decision of the Webster County Board of Education expelling him for possession of a firearm on school property in violation of W. Va.Code § 18A-5-1a (1996), also known as the "Safe Schools Act." He argues that the actions taken against him by the principal of his high school and the county board of education were procedurally deficient, and that, although he...

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