| Calhoun Schools are sticking to their position to bring discipline to eight students who illegally entered Calhoun High and Arnoldsburg Elementary Schools.
The break-ins have become a divisive issue in the county.
The West Virginia Supreme Court has now declined to hear a petition issued by the Calhoun County Board of Education through their attorneys Bowles-Rice, contesting the decision of Judge David W. Nibert over issuing a permanent injunction that prevented the expulsions of two 18-year-old graduating Calhoun High seniors.
The students violated the school's security system or opened a window to gain entry, court proceedings say they played basketball, ate some snacks and at least one student tilted a surveillance camera.
The Supreme Court decision, in declining to hear the board's appeal, was related to Judge Nibert issuing permanent injunctions for Ryan Slider and Mason Sheldon, two days after a five-hour civil hearing in Grantsville regarding the expulsions.
The Supreme Court agreed with the student's attorneys Loren Howley and Tony Morgan that the issue is "moot," letting Judge Nibert's decision to stand.
The school system maintained that the issue of expulsions should never have been taken to court.
The school board, after voting to not expel six other students, has now reportedly moved to bring juvenile criminal charges against those six students for the entries.
While those charges are not part of public record, sources told the Hur Herald they are being filed.
Criminal charges of loitering against Slider and Sheldon were essentially dropped in Calhoun Magistrate Court, each was given 50 hours of community service.
It would appear that the school system has now brought loitering charges against the six other students.
Judge Nibert agreed with the student's attorneys that during their initial suspension hearings, the student's rights were violated, but did not issue permanent injunctions for six of the students.
Attorneys for the students, Howley and Morgan, contended the expulsions were drastic measures that affected the students future.
The school's law firm Bowles-Rice said there are "bedrock principles" related to trespassing, citing case law.
05-03-2014 JUDGE NIBERT ISSUES INJUNCTION HOLDING OFF EIGHT CALHOUN STUDENT EXPULSIONS - Hearing Set May 19
05-19-2014 JUDGE NIBERT WILL HEAR STUDENT TRESPASSING FIASCO TODAY - Temporary Injunction Halted Expulsions, Calhoun Schools Holding Tight Expelling Eight
05-21-2014 UPDATE: EIGHT STUDENTS HEADED TOWARD EXPULSION HEARINGS FRIDAY - Judge Nibert Denies Continuation Of Injunction
05-23-2014 SIX CALHOUN HIGH STUDENTS SET FOR EXPULSION HEARINGS BEFORE SCHOOL BOARD - Judge Issued Amended Order Excluding Two Other Students
05-24-2014 CALHOUN SCHOOL BOARD RULING AGAINST EXPULSIONS - Six Students Had Hearings Friday Night
05-29-2014 UPDATE: SUPREME COURT APPEAL LINGERING ISSUE OVER CALHOUN SCHOOL EXPULSIONS
02/18/2012 CALHOUN SCHOOL BOARD NO LONGER ANNOUNCING OUTCOMES OF EXPULSION HEARINGS - Regional School Systems Differ
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