ELECTRONICALLY FILED 5/22/2012 4:20 PM CV-2012-000020.00 CIRCUIT COURT OF HENRY COUNTY, ALABAMA SHIRLENE B.

VICKERS, CLERK IN THE CIRCUIT COURT OF HENRY COUNTY, ALABAMA

SANDERS WILLIAM BY AMY SANDERS, Plaintiff,

) ) )

v.

) )

Case No.: CV-2012-000020.00

KNOWLES LESA, KIRKEMIER MARK, DAVIS ROGER, CHAMBERS EDDIE L SR, ET. AL. Defendants.

) ) ) ) ) ) ORDER

THE PLAINTIFF IS REQUESTING TO PARTICIPATE IN HEADLAND HIGH SCHOOL GRADUATION ACTIVITIES THIS EVENING. THE PLAINTIFF IS SEEKING AN INJUNCTION PURSUANT TO RULE 65 (A) ALABAMA RULES OF CIVIL PROCEDURE. AT ISSUE IS A SCHOOL BOARD POLICY ADOPTED IN1998 REQUIRING STUDENTS TO EARN A SUITABLE NUMBER OF CREDITS AS WELL AS PASSING THREE OUT OF FIVE SECTIONS OF THE GRADUATION EXAM INCLUDING READING AND MATH. THE PLAINTIFF HAS NOT PASSED THE READING SECTION. THE COURT IS RESPECTFUL OF THE AUTHORITY OF LOCAL SCHOOL BOARDS TO ADOPT POLICIES. IN THIS CASE THE SCHOOL BOARD HAS NOT ADEQUATELY EXPLAINED THE BASIS FOR THE POLICY AT ISSUE AS APPLIED TO A STUDENT UNDER THESE OR SIMILAR CIRCUMSTANCES. FURTHER THE EVIDENCE SHOWS THAT THE SCHOOL ATTEMPTED TO ASSIST THE STUDENT IN PASSING THE READING SECTION BUT THE SAME EVIDENCE IS UNCLEAR IN WHETHER THE POLICY WOULD BE ENFORCED AGAINST THIS STUDENT. ALSO, APPARENTLY, MANY OTHER SCHOOL SYSTEMS IN THE STATE WOULD ALLOW THIS STUDENT TO PARTICIPATE IN GRADUATION ACTIVITIES UNDER THESE CIRCUMSTANCES AND APPARENTLY THE STATE SCHOOL SUPERINTENDENT WOULD APPROVE THE STUDENT'S PARTICIPATION. ACCORDINGLY, THE COURT FINDS THAT PURSUANT TO RULE 65 WILLIAM AARON SANDERS SHALL BE PERMITTED TO PARTICIPATE IN HEADLAND HIGH SCHOOL GRADUATION ACTIVITIES THIS EVENING. NOTHING IN THIS ORDER SHALL BE INTERPRETED AS APPLYING TO ANY OTHER STUDENTS OR DIRECTING THAT ANY DIPLOMA OR CERTIFICATE BE CONFERRED ON WILLIAM AARON SANDERS.

DONE this 22nd day of May, 2012 /s/ BRADY EUTAW MENDHEIM CIRCUIT JUDGE