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NICHOLS EX REL. NICHOLS v. DESTEFANO

No. 01CA0783.

70 P.3d 505 (2002)

Ashley NICHOLS, a minor, by and through her next friend and mother, Kathy Nichols, Petitioner-Appellee and Cross-Appellant, v. Jon DeSTEFANO, in his official capacity as Chairman of the Board of Education of Jefferson County Public School District R-1; Debra Oberbeck, in her official capacity as a member of the Board of Education of Jefferson County Public School District R-1; Karen Litz, in her official capacity as a member of the Board of Education of Jefferson County Public School District R-1; Vince Chowdhury, in his official capacity as a member of the Board of Education of Jefferson County Public School District R-1; Tori Merritts, in her official capacity as a member of the Board of Education of Jefferson County Public School District R-1; and Jefferson County Public School District R-1, Respondents-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. IV.

Certiorari Granted May 27, 2003.

Attorney(s) appearing for the Case

Richard M. Borchers, P.C., Richard M. Borchers, Westminster, Colorado, for Petitioner-Appellee and Cross-Appellant.

Caplan & Ernest, L.L.C., Thomas S. Crabb, W. Stuart Stuller, Derek H. Kiernan Johnson, Boulder, Colorado, for Respondents-Appellants and Cross-Appellees.

Opinion by Judge NEY.

Defendants, Jefferson County Public School District R-1 and the chairman and members of its board of education (collectively, School District), appeal the judgment of the district court vacating the order of expulsion of a student, plaintiff, Ashley Nichols. Nichols cross-appeals the district court's dismissal of separate claims related to the expulsion procedure and expulsion hearing. We affirm the judgment and remand with instructions.

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