The ACLU of Indiana filed suit on behalf of M.H., a junior at Northeast Dubois High School, who has been banished from school property due to an erroneous belief that she presented a threat to school safety. The ACLU of Indiana’s lawsuit asks the court to declare the School Corporation’s actions unconstitutional and force the school to lift the ban on M.H. entering school property.
In the first semester of the 2017-2018 school year, M.H. engaged in a series of expressive activities, including a school paper and internet posting that erroneously led the School Corporation to conclude that she was a threat to school safety. This resulted in a decision, imposed without proper notice or the opportunity for a hearing before an impartial decision-maker, that she is now indefinitely prohibited from being able to be on School Corporation grounds for any purpose, although she is allowed to continue in her education through distance learning via the internet.
The actions of the School Corporation violate M.H.’s constitutional rights, including the right to free expression protected by the First Amendment and the right to due process protected by the Fourteenth Amendment.