Aaron and His Parents Fight Changes Systems - Including Dothan High and Northview High School

Rickey Stokes

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Posted by: RStokes
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Date: May 23 2012 5:20 PM

DOTHAN:    Dothan School Supt. Tim Wilder has amended the graduation walking policy for graduates of Dothan High School and Northview High School.

Dr. Wilder said students which have the required credits to graduate but have not passed the Alabama Graduation Exam will be allowed to walk in the commencement exercises.  Wilder said he has been in contact with Dr. Bice, State School Superintendent of the Alabama State Board of Education over this issue.

Based on those conversations and discussion with the School Board Attorney, Dr. Wilder has changed the policy concerning walking in the commencement exercises.

Students who do not have the required credits are not allowed to walk. Students denied for disciplinary reasons are still prohibited from walking.

Dr. Tommy Bice – Alabama State School Superintendent

On Monday of this week Dr. Tommy Bice, Alabama State School Superintendent, was  in Dothan and spoke to the Rotary Club. On an interview with WDHN-TV 18, Dr. Bice was asked about the Alabama Graduation Exam and who it affected students. Dr. Bice said the following:

“At this point in the year walking is the biggest issue regardless of what is in that folder. That can come later. That is one of the reasons we are doing away with the graduation exam because it’s such a high stakes test that can negate everything a student has done over their school career, basically, so we look forward to that going away”.

The Alabama Department of Education is doing away with the Alabama Graduation Exam because it has been getting a failing grade. When a student works hard for 12 years, one test decides their future.  Those in the education field have seen where that is not fair and an actual assessments of a students education.

Headland High School Senior Aaron Sanders and his parents, Scott and Amy Sanders

There has been great controversy in the last several weeks over Senior Aaron Sanders quest to walk in commencement ceremonies held last night.

Aaron Sanders has attended Headland Schools all of his life, from Kindergarten through the 12^th grade. Sanders has two credits more than were required, a 3.2 GPA and perfect attendance. Based on the reading portion only of the Alabama Graduation Exam, Sanders was not being allowed to participate in the commencement exercises.

On Tuesday Aaron and his parents filed a Declaratory Judgment Action and Temporary Restraining Order for him to be allowed to walk in the commencement exercises.  Sanders mother, Amy, was allowed to file the action “pro se”, which means she could represent her minor son in court in the court proceedings.

The motion filed by Sanders and his parents asked for an immediate hearing. The case was assigned to Judge Brad Mendheim, a Circuit Judge of the Twentieth Judicial Circuit of Houston and Henry County.

Judge Mendheim set the hearing for 2 PM on Tuesday. Henry County Sheriff Will Maddox served the parties notice and the hearing took place in the Henry County Courthouse.

The Henry County Board of Education was represented by Abbeville Attorneys Mary Gunter, Spence Danzey and Russ Goodman.  Joining Gunter, Danzey and Goodman in trying to prevent students from walking in the commencement exercises was Henry County School Interim Superintendent Lesa Knowles, Headland Principal Dr. Mark Kirkemier. The  School Board Chairman Eddie Chambers, Sr. , Headland High School Counselor Holly Lane and several Board Members were present fighting the mother and son.

Challenging the Henry County School Board was Amy Sanders and her son Aaron Sanders. Joining them was Aaron’s dad Scott, and several friends and other parents and students in the same circumstances.

In Court Danzey question Aaron about him wanting special privileges other students did not have when it was state law that he not be allowed to participate in the commencement exercises. Aaron quickly corrected Danzey in it was not state law, only a local school board policy, and Sanders was asking for all students that fall under the same set of circumstances.

NOTE:  The court action filed by Sanders could not include anyone but Aaron. Filing the action without an attorney, Mrs. Sanders could only represent her and Aaron and no one else. If she had, that would have been practicing law without a license. That is why this action only involved Aaron.

Following testimony, Attorney Goodman and Danzey attempted to tell Judge Mendheim that he was not allowed to overrule School Board policy unless it was ruled unconstitutional.

Goodman and Danzey presented case law about a student not being allowed to walk that set precedent. Judge Mendheim quickly corrected Danzey and Goodman the case presented was concerning a student that had assaulted someone not being allowed to walk. Judge Mendheim said that is not what this hearing is about.

Judge Mendheim asked Goodman and Danzey to  make him understand the logic behind the policy of the Henry County School Board. Judge Mendheim pointed out to the attorneys Sanders was not asking for the diploma. Sanders understood that he had to pass the graduation exam. Sanders was asking only to be allowed to participate in the commencement exercises based on his credits and 13 years in the school.

Graduation ceremonies are not academic functions. They are more social functions where students are recognized.

Danzey said the courts should not tell the school board how to run their business.

Judge Mendheim said he was not trying to second guess a School Board’s “valid” policy, but apparently other schools and the State School Board Superintendent feel different than the Henry County Board of Education. Judge Mendheim asked the Henry County School Board Attorneys to give reasons their policy meets a different threshold. Judge Mendheim said he was trying to understand the Henry County School Board threshold.

Judge Mendheim took a recess to give the three Henry County School Board Attorneys time to find a case or reasoning for the policy of the Henry County Board of Education.

In 15 minutes court resumed.  The attorneys announced they found nothing.

Judge Mendehim  said this was a difficult decision. The Judge said whatever ruling he made he understood no side had the time to appeal since graduation was that night in less than three hours.  The Judge said he has actually had this case for hours and whatever decision he made was difficult.

The Judge said I making a decision he had to look at the law, the issues and not as a parent or sympathy for anyone involved.

The Judge then took a recess to review documents. Then in a few minutes Sheriff Maddox returned to the courtroom and handed the Henry County School Board Attorneys and Aaron and his mother a copy of Judge Mendheim’s order.

The order allowed Aaron Sanders to participate in the commencement ceremonies.

After the ruling Headland High School contacted the students in the same set of circumstances as Aaron Sanders and allowed them to walk. They were unable to contact one of the students.

The Battle

A lot has been learned in this issue. One is, parents and students, get more engaged in the education process. Do not wait on the school system, be proactive.

Another lesson, you can make a difference.

Aaron Sanders and his parents have made a difference in the battle with the system. They took on the system, and a mother who had no courtroom experience took on three seasoned attorneys, the Henry County School Board with all the power and money, and presented her case.

Aaron and his parents position was supported by statements of the Superintendent of the Alabama Board of Education and being ignored by the School Superintendent, Principal and system.

Aaron has also learned a lesson. People are not always with you. People that Aaron Sanders has grown up with, gone fishing with, spent the night with, posting negative comments about him on facebook and blogs.

But Aaron Sanders stood the ground, fought the fight for what he thought was right, and has made some changes that did not just benefit Aaron, but as a result has benefited others.

So I say to Aaron…good going! You stood your ground against the giants....

To those so called friends, Aaron, in life you will find a lot of people are only surface friends. Sorry you had to find that out after reading their comments and not in a nice polite conversation. That’s just the way it is!

 

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