ACLU Civil Liberties Union of Delaware
Defending Individual Rights and Personal Freedom
ACLU-DE NEWS
ACLU of Delaware Resolves Matter for Student Removed From School After Being the Victim of a Shooting at a District
FOR IMMEDIATE RELEASE
For more information, contact Umbreen Bhatti, Staff Attorney, at (302) 654-5236, ext. 103, or ubhatti@aclu-de.org.
May 12, 2010
The ACLU of Delaware has achieved a favorable resolution for Toddrick McDougale, the 19 year-old student who was kept out of school for more than a semester due to no fault of his own. In January 2009, Toddrick was shot in the back while attending a basketball game after school, in the presence of school administrators and law enforcement officials. The District removed Toddrick, a junior with a near-perfect attendance record, from school immediately and placed him on “temporary homebound instruction,” which consisted of one hour of tutoring per day, five days per week, in lieu of normal classroom instruction. Unbelievably, the District informed Toddrick that he would remain on “temporary homebound instruction” until the District received assurances from the Delaware State Police that the person who shot Toddrick would not harm anyone else. Toddrick’s many supporters, including family members, community activists, and elected officials, advocated on his behalf to no avail and in the summertime, the District suddenly issued him an altered transcript and informed him that he had graduated.
In September, the ACLU of Delaware and attorneys from the Philadelphia law firm Cozen O’Connor filed a lawsuit on Toddrick’s behalf. Judge Gregory M. Sleet of the Federal District Court in Wilmington, Delaware, issued an order finding that Colonial School District had wrongfully removed Toddrick and requiring his immediate reinstatement. Toddrick returned to school the next day, and the District has agreed to provide Toddrick additional educational services to help him make up for the school he missed.
“This is an important vindication for a young man who was not only removed from school through no fault of his own, but also portrayed as a threat to the safety of his fellow students,” said Umbreen Bhatti, Staff Attorney at the ACLU of Delaware. “Toddrick can’t get his junior year back, but we’re pleased that he’ll be receiving some educational support to help make up for the opportunities he missed.”
“I’m glad this is finally past Toddrick,” said Sharon McDougale, Toddrick’s mother. “To see Toddrick walk across the stage in a few weeks just brings me so much joy and excitement.”
The ACLU of Delaware thanks Leroy Tice, Esq., and William Marshall, of the University of Delaware, for their assistance in this matter.