Scott B. v. Bd. of Trustees Orange Co. High School

Appellant Scott B. was a student at the Orange County High School of the Arts (OCHSA or the school), a charter school. The school permits the dismissal of a student if the student accumulates 25 demerits. Although Scott exceeded the maximum number of demerits allowed, the school did not dismiss him. However, when Scott exhibited a knife at school and threatened a fellow student, he was suspended and eventually dismissed from OCHSA. Scott had accumulated 52 demerits by the time of the incident with the knife. He appealed his dismissal to the Board of Trustees of OCHSA (the Board). The Board upheld the dismissal. Scott thereafter filed a petition for a writ of administrative mandate in the superior court. (Code Civ. Proc., § 1094.5; all statutory references are to the Code of Civil Procedure, unless otherwise stated.) The trial court denied the petition, finding dismissal was proper based on Scott’s conduct. Scott appeals from the judgment denying his petition for a writ of mandate. Although Scott admits having the knife at school, he contends the Board’s decision was an abuse of discretion because the Board did not make findings to support its decision as required by…