Children & the Law Blog

As reported in the Houston Chronicle, Houston Judge Bars Valedictorian From Commencement, U.S. District Judge David Hittner upheld Fort Bend Independent School District’s decision to preclude Khurrum Khan, the valedictorian at George Bush High School, from graduation ceremonies. Khan had been excluded from the ceremonies due to his alleged role in the theft of and hacking into computers at George Bush and Hightower High Schools. However, he has not been convicted of the crime, leading his lawyer to argue that by excluding Khan from graduation ceremonies, Khan’s rights to due process were violated by the school district’s decision. Judge Hittner disagreed: he ruled that “Khan ‘will not suffer irreparable injury’ if precluded from graduation itself. Hittner also recognized the district’s need to ‘enforce rules and maintain order and autonomy.’”

This case seems somewhat reminiscent to the relatively recent cases of Morse v. Frederick and Doninger v. Niehoff. Although these cases dealt with free speech issues in school while Khan’s case dealt with a students’ right to due process, they all beg the important question of how to appropriately balance the school’s right and duty to educate its students and maintain order while still protecting students’ educational and constitutional rights. Both Morse and Doninger allowed schools to restrict student speech in extenuating circumstances. In Morse, the Supreme Court ruled that schools have the authority to censor student speech that advocates the use of illegal drugs. Doninger saw the 2nd Circuit Court rule that schools can punish students for posting web blogs that create “a forseeable risk of substantial disruption” at the school.

A Houston federal judge this afternoon upheld the Fort Bend school district’s decision to bar George Bush High School’s valedictorian from commencement on Saturday.

Khurrum Khan asked U.S. District Judge David Hittner on Wednesday to overrule the school district’s ban on his participation in graduation ceremonies, which included making a valedictory speech.

The class salutatorian is scheduled to speak instead.

Khan was barred from commencement by Fort Bend Independent School District officials as they investigated a breach in the computer systems at Hightower and Elkins high schools.

In a 13-page decision, Hittner ruled that Texas students have a legitimate expectation of receiving a diploma only after successfully completing required courses and that Khan “will not suffer irreparable injury” if precluded from graduation itself.

Hittner also recognized the district’s need to “enforce rules and maintain order and autonomy.”

”The court finds Khan’s reputation, community standing and credibility will not suffer irreparable harm if Khan cannot attend or participate in graduation,” the judge wrote.

Craig Washington said the Khan family was “extremely disappointed,” but grateful for the process.

“Everything came to a stop so that one little young man could have his day in court,” the lawyer said. “Even though we lost in a technical sense, I read the judge’s order as vindicating him.”

Washington said he considers the decision sympathetic because it does not depict Khan as a bad kid or a criminal.

“It tells him in writing from a federal judge that no one looks down on him, he doesn’t lose his standing in the community and his dignity is intact and he’s still the same person that he was and the presumption of innocence and all that stuff.”

The school district’s attorney, Carolyn Hanahan, said the district recognizes that Khan has worked hard and has been very successful academically.

“He will retain the academic distinction of being first in his class,” Hanahan said. “However, as a result of his own actions, and as the federal judge recognized, he will not enjoy the honor of participating in the graduation ceremony. We hope all students and parents understand and respect the judge’s decision.

Khan, 18, faces a felony charge for his role in what district officials describe as a larger scheme involving missing computers at Bush and alleged hacking at Hightower High School.

Students at three high schools broke into the computer system to change grades, officials said. Khan was punished with a three-day suspension.

In addition, the valedictorian and two other Bush students face felony theft charges on allegations that they stole three computers and three monitors from their Richmond school.

Khan and his family were told at least a month ago that the district planned to exclude him from commencement.

During an emergency hearing Thursday, school district lawyer Jonathan Brush said Khan retains his academic honor of valedictorian, but will not be allowed to represent the district in the graduation ceremony.

District officials made the decision because Khan now attends an alternative school and is the subject of school discipline and criminal charges, Brush said.

Washington said his client is being punished for unfounded allegations.

The district’s ban compromised Khan’s constitutional right to due process, Washington argued, because the teen has neither had his day in court on the criminal charge nor exhausted his appeals of the school’s punishment.

Hittner wrote, however, that the district afforded Khan “sufficient minimal due process.”

The teen’s parents met on Monday with Assistant Superintendent Michael McKie, who on Tuesday refused to reverse the district’s position.

Source: George, Cindy. Houston Judge Bars Valedictorian From Commencement. Houston Chronicle. June 6, 2008.
http://www.chron.com/disp/story.mpl/metropolitan/5823149.html