‘Jullan L. MePhitips, Kenneth Shinbaum McPhillips Shinbaum, L.L.P. McPhillips, Shinbaum, Luck, Bodin & Guillot [ATTORNEYS AND COUNSELOR AT LAW Alco Admitedin RY 516 SOUTH PERRY STREET “Also Acmiteg in DE barony tact POST OFFicE BOX o4 sas 9, Bogen MONTGOMERY, ALABAMA 26104 fice Ain. Ary Sens a os (894) 262-1911 + (865) 224-0054 Of Counsal: G, Wiliam Gil Smtogher Wee Share Exes Fax aoe) a-aat March 10, 2017 Ms. Ella Bell 2627 Airwood Drive Montgomery, AL 36108 James Ward, Esq. Alabama State Board of Education HAND-DELIVERY ON 3/10/17 50N. Ripley Street Montgomery, AL 36130 Juliana Dean, Esq. Alabama State Board of Education HAND-DELIVERY ON 3/10/17 30N, Ripley Street Montgomery, AL 36130 RE: Expulsion of Sara Allena Nichols (“Lanie”), daughter of Ms. Tara Herring Dear Ella, James, and Juliana: This follows up on my telephone call with you, James, on March 2, and with you Ella on today's date concerning the problem experienced by my client Tara Herring's daughter Sara Nichols (‘Lanie"), also mentioned briefly to you, Juliana and James, in a short preliminary conversation, before I spoke in more detail with James | especially address this letter to all three of you because it has been my experience with you Ella, and with you, James, that both of you have a great heart for students in the public school system, can safely assume that you do also, Juliana, although we've worked less together on such matters This is a most unfortunate happening to a 16 year old student, who, were il my daughter or granddaughter, it would make my blood boil. I also attach for both of you, and incorporate by reference into this letter, everything stated in the attached February 16, 2017 letter addressed to the Alabama State Department of Education ~ Distrit 05, but more specifically addressed to you Ella. The enclosed letter sets forth the sad and extremely unfair circumstances suffered by the young Sara Allena Nichols, also known as “Lanic.” She was the naive and unwitting victim of ascheme (for lack of a better word) by several boys to set her up and make her take the fall for a ‘water-gun one of the boys brought to the Prattville High School on Friday, January 27,2017. Yet the young man who brought the water-gun to the school, namely escaped without any discipline whatsocver. There were other boys who knew about what was going on, and may have participated in the scheme, yet none of them were disciplined either. To say the very least, it was disparate disciplinary treatment based either on gender or other improper grounds. This could potentially be a violation of Title JX of the United States Code or other federal laws. The reason we send you this Jetter is that we hope you can help us “nip this in the bud” and spare both the Prattville High School, the Autauga County Board of Education, and the Alabama Board of Education time, money, and potential darmage to reputation, After the way her daughter Lanie was treated, Ms, Herzing does not desire for her child to return to the Prattville High School. Therefore, we are not asking for much, but what we are asking for is exceedingly important. “Young Sara Allena Nichols now, at the age of only 16, has a “scarlet letter E” attached her to forehead, figuratively speaking, because the EXPULSION now attached to her name will follow her to other schools and quite possibly to job applications. The potential damage for this young lady is enormous. My client and Lanie’s family, including the grandfather of the child, are all extremely upset. They are also willing to finance, if necessary, ligation for me to have the scarlet letter removed trust, hope, and believe thet you three have a great power of persuasion and actual legal authority, to convince the Autuaga County Schoo! Board and its Superintendent to retract the expulsion, and change it to a “voluntary withdrawal.” After ali, that is what my client, Ms, Herring, says actually occurred. She actually withdrew her child from the Prattville High School before there was a ruling of expulsion Again, ] wish all of you well with the many demanding public issues you are dealing with. Hopefully this is one that can be expeditiously resolved with a minimum effort. If itis, my clients and I will be tly grateful. x.. Ms, Tara HerringJalan L MePhiips, > Kenneth Shinbaura ‘Aaron J-Luck ames 6. Bodio** Joseph C. Gulot CCistophor Worshek Chase Estes McPhillips Shinbaum, L.LP. McPhillips, Shinbaum, Luck, Bodin & Guillot ATTORNEYS ANO COUNSELORS AT LAH 818 SOUTH PeRAY STAEET POST OFFICE BOX 64 MONTGOMERY, ALABAMA 35104 1834) 262-1911 + (266) 224.0864 FAX (938) 269-2801 Aso Adited in NY Also Remedi OC Difce Adri, Amy Stctland ‘Ot Counee!: 6, Wikem G3 April 10, 2017 Ms, Ella Bell 2627 Airwood Drive Montgomery, AL 36108 James Ward, Esq, Alabama State Board of Education 50N. Ripley Street Montgomery, AL 36130 Juliana Dean, Esq, Alabama State Board of Education 50N. Ripley Street Montgomery, AL 36130 RE: Expulsion of Sara Allena Nichols (“Lanie”), daughter of Ms. Tara Herring Dear Elta, James, and Juliana: Enclosed is a copy of my letter dated to you March 10,2017, Please respond, especially in light of more recent developments described herein New events have occurred during the past week of April 3,2017 involving the same student, namely Mr. Phuoe Nguyen, who brought the toy watergus to school on January 27, 2017 resulting in my client's daughter Sara Nichols being expelied from school Indeed, this was a similar incident to the earlier one, with a replica/toy gun being brought on school premises. My client's mother, Ms. Tara Herring, informs me that QR and another young man namec@@iQ SUSE based on reports, told the office at the Prattville High School that the toy gun was in their possession last week. Indeed, Se an! [aaa ‘were caught on camera with it. Yet, the punishment for EGG nd SEEGER both in ‘the tenth grade, was only a long-term in-school suspension, not expulsion. ‘My client, Ms. Herring, and this firm maintain that, had the principal Brock Dunn and the Auutauga County School Board conducted a proper investigation in early 2017, or had they granted iy client's request and re-intereviewed and investigated what happended Jantary 27, 2017, then theatest situation could possibly have been prevented. InsteadsQIEREEREI was not disciptined and received no punishment for the January 27 incident. Now that he has been involved in a similar incident involving a replica gun, he is receiving punishment less than Sara Nichols, daughter of Ms. Herring WHAT IF IT HAD BEEN A REAL GUN THIS TIME? ‘The punishment handed down to SSRGHERand GaGa in the most recent occurrence is clear evidence that the disciplinary actions taken against students involved are not equitable, and hence discriminatory, at least on the basis of gender. Italso gives e distinct impression that administrators at Prattville High School “fly by the seat of their pants” when handing down disciplinary actions to their students. Ithas become such a source of insatiable chagrin, seeing her daughter Sara Nichols, innocent of bringing a toy/replica gun to school the first time, and yet receiving a far more serious disciplinary action than those responsible for both occurrences, that Ms, Herring is very seriously considering a Title IV sex discrimination case against Prattville High School. Af there is anything that you, Julianna, or you, James, or even you, Ella, can do, please call me and suggest what other reasonable alternatives exists, short of federal litigation. Sincerely, ‘ulin McPhillips Chris Worshek xc. Ms. Tara Herring