Blair Hornstine
Encyclopedia
Hornstine v. Moorestown was a 2003 case in U.S. Federal District Court that considered whether grades received by a student with a disability for classes where accommodations had been made under an Individualized Education Program
could be discounted in awarding valedictorian
honors. Blair Hornstine, then in her final year at Moorestown High School
, sued
the Moorestown Township (New Jersey) Public Schools
Board of Education
to stop them "from retroactively applying to her a proposed policy amendment that would allow the designation of multiple valedictorian
s". Under the then existing school policy, Blair Hornstine would have been the sole recipient of the honor.
.
At the end of the fall 2002 semester, the seventh for her class, Blair Hornstine had the highest weighted grade point average in the senior class, 4.689, a score 0.055 higher than the runner-up's 4.634. She had accepted a place to attend Harvard University
, having been offered places at a number of leading US universities.
In the fall of 2002, Moorestown Superintendent
of Schools Paul J. Kadri was approached by “parents, students, and other community members” who complained that “students were not provided equal opportunities to earn the awards” because of accommodations granted to Hornstine. Kadri held meetings at the high school in early 2003 in which he discussed changing the school policy to allow multiple valedictorians. In April, Kadri proposed an amendment to the existing policy that read "In determining the recipients of [the awards of valedictorian and salutatorian], the Board may review the program of study, manner of instruction, and other relevant issues, and in its discretion, with the assistance of the administration, may designate multiple valedictorians and/or salutatorians to ensure that all students have an equal opportunity to compete for these awards." The proposal was to be voted on by the school board on May 12.
to prevent the school board from changing its policy retroactively, as well as $2.7 million in damages. Kadri sent a letter to the runner-up advising him he was under consideration for valedictorian
honors. Kadri sent no similar letter to Hornstine.
Blair Hornstine was classified with a disability, reportedly a type of chronic fatigue syndrome
or immune deficiency,
but its exact nature was never disclosed publicly. She received an Individualized Education Plan (IEP)
approved by the school board. Kadri contended that because of the “availability of many AP courses in her home instruction program" Hornstine "was able to earn more 'weighted' grades” than other students. Moorestown High School assigned a higher weight to advanced placement (AP) courses and honors courses in calculating a student's GPA. An A+ grade, worth 4 point towards the GPA in a regular course, counted as 5 points in an AP course and 4.5 points in an honors course. Kadri further claimed "she was also able to secure higher grades in her home instruction classes than students enrolled in the same courses at Moorestown High School.”
The court rejected those claims pointing out that the runner up had taken two more AP courses than Hornstine, and while she had taken three more honors courses than the runner up, the net result was a statistical advantage for the runner up. The Court also examined and rejected claims that she was graded less stringently.
Superintendent Kadri claimed that Hornstine's father, a New Jersey Superior Court
judge in Camden County
, had told him in September that "he was going to manipulate rules designed to protect disabled students for the purpose of allowing to win the valedictorian award".
Judge Hornstine denied making those statements and the assistant superintendent of schools, Judithann Keefe, who was present at the September meeting, filed an affidavit contradicting her boss and supporting Judge Hornstine's account of what was said there.
Local and later national media focused intense attention on the case, leading to talk-radio scorn, an online petition calling for Harvard to revoke her admission and unflattering front-page photos in the Philadelphia tabloid newspapers.
ordered the Moorestown school district to follow its existing policy and name Blair Hornstine the sole valedictorian for the class of 2003. Wolfson wrote, "Ms. Hornstine earned her distinction as the top student in her class in spite of, not because of, her disability".
The Court found that Blair Hornstine met the conditions for issuing an injunction, including a likelihood of prevailing on the merits of her case. In addition to finding that "the Board's proposed action was intended and designed to have a particular exclusionary effect on plaintiff because of her disabled status," the Court cited a ruling by the New Jersey Commissioner of Education, in a case where there was no disability issue, that barred a retroactive change to requirements for the award of valedictorian.
Hornstine's claim for compensatory and punitive damages was settled on August 19 for $60,000; all but $15,000 of which went to lawyers' fees. On June 10, Hornstine, through her lawyer, Edwin Jacobs, informed the school that she would not attend graduation (which was held on June 19) and requested her valedictorian award be made in absentia, saying "the hostile environment at the school has traumatized Blair both physically and emotionally". Her house had been hit by eggs and paintballs, and she received a threatening letter.
Individualized Education Program
In the United States an Individualized Education Program, commonly referred to as an IEP, is mandated by the Individuals with Disabilities Education Act...
could be discounted in awarding valedictorian
Valedictorian
Valedictorian is an academic title conferred upon the student who delivers the closing or farewell statement at a graduation ceremony. Usually, the valedictorian is the highest ranked student among those graduating from an educational institution...
honors. Blair Hornstine, then in her final year at Moorestown High School
Moorestown High School
Moorestown High School is a four-year comprehensive public high school that serves students in ninth through twelfth grades from Moorestown Township in Burlington County, New Jersey, United States, operating as part of the Moorestown Township Public Schools...
, sued
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
the Moorestown Township (New Jersey) Public Schools
Moorestown Township Public Schools
The Moorestown Township Public Schools is a comprehensive community public school district that serves students in kindergarten through twelfth grade from Moorestown Township, in Burlington County, New Jersey, United States....
Board of Education
Board of education
A board of education or a school board or school committee is the title of the board of directors or board of trustees of a school, local school district or higher administrative level....
to stop them "from retroactively applying to her a proposed policy amendment that would allow the designation of multiple valedictorian
Valedictorian
Valedictorian is an academic title conferred upon the student who delivers the closing or farewell statement at a graduation ceremony. Usually, the valedictorian is the highest ranked student among those graduating from an educational institution...
s". Under the then existing school policy, Blair Hornstine would have been the sole recipient of the honor.
Valedictorian controversy
Under the published school board policy for the 2002-2003 academic year, the graduating senior student with the highest seventh semester weighted grade point average (GPA) was to be named the valedictorian, and the second highest student was to be named the salutatorianSalutatorian
Salutatorian is an academic title given, in the United States and Canada, to the second highest graduate of the entire graduating class of a specific discipline. Only the valedictorian is ranked higher. This honor is traditionally based on grade point average and number of credits taken, but...
.
At the end of the fall 2002 semester, the seventh for her class, Blair Hornstine had the highest weighted grade point average in the senior class, 4.689, a score 0.055 higher than the runner-up's 4.634. She had accepted a place to attend Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
, having been offered places at a number of leading US universities.
In the fall of 2002, Moorestown Superintendent
Superintendent (education)
In education in the United States, a superintendent is an individual who has executive oversight and administration rights, usually within an educational entity or organization....
of Schools Paul J. Kadri was approached by “parents, students, and other community members” who complained that “students were not provided equal opportunities to earn the awards” because of accommodations granted to Hornstine. Kadri held meetings at the high school in early 2003 in which he discussed changing the school policy to allow multiple valedictorians. In April, Kadri proposed an amendment to the existing policy that read "In determining the recipients of [the awards of valedictorian and salutatorian], the Board may review the program of study, manner of instruction, and other relevant issues, and in its discretion, with the assistance of the administration, may designate multiple valedictorians and/or salutatorians to ensure that all students have an equal opportunity to compete for these awards." The proposal was to be voted on by the school board on May 12.
Suit
On May 1, Hornstine filed a complaint in Federal District Court seeking an injunctionInjunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to prevent the school board from changing its policy retroactively, as well as $2.7 million in damages. Kadri sent a letter to the runner-up advising him he was under consideration for valedictorian
Valedictorian
Valedictorian is an academic title conferred upon the student who delivers the closing or farewell statement at a graduation ceremony. Usually, the valedictorian is the highest ranked student among those graduating from an educational institution...
honors. Kadri sent no similar letter to Hornstine.
Blair Hornstine was classified with a disability, reportedly a type of chronic fatigue syndrome
Chronic fatigue syndrome
Chronic fatigue syndrome is the most common name used to designate a significantly debilitating medical disorder or group of disorders generally defined by persistent fatigue accompanied by other specific symptoms for a minimum of six months, not due to ongoing exertion, not substantially...
or immune deficiency,
but its exact nature was never disclosed publicly. She received an Individualized Education Plan (IEP)
Individualized Education Program
In the United States an Individualized Education Program, commonly referred to as an IEP, is mandated by the Individuals with Disabilities Education Act...
approved by the school board. Kadri contended that because of the “availability of many AP courses in her home instruction program" Hornstine "was able to earn more 'weighted' grades” than other students. Moorestown High School assigned a higher weight to advanced placement (AP) courses and honors courses in calculating a student's GPA. An A+ grade, worth 4 point towards the GPA in a regular course, counted as 5 points in an AP course and 4.5 points in an honors course. Kadri further claimed "she was also able to secure higher grades in her home instruction classes than students enrolled in the same courses at Moorestown High School.”
The court rejected those claims pointing out that the runner up had taken two more AP courses than Hornstine, and while she had taken three more honors courses than the runner up, the net result was a statistical advantage for the runner up. The Court also examined and rejected claims that she was graded less stringently.
Superintendent Kadri claimed that Hornstine's father, a New Jersey Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
judge in Camden County
Camden County, New Jersey
-Demographics:As of the 2010 Census the population of Camden County was 60.28% Non-Hispanic white, 18.45% Non-Hispanic black, 1.12% Hispanic blacks, 0.17% Non-Hispanic Native American, 0.15% Hispanic Native Americans, 5.07% Non-Hispanic Asian, and 0.14% non-Hispanics reporting some other race...
, had told him in September that "he was going to manipulate rules designed to protect disabled students for the purpose of allowing to win the valedictorian award".
Judge Hornstine denied making those statements and the assistant superintendent of schools, Judithann Keefe, who was present at the September meeting, filed an affidavit contradicting her boss and supporting Judge Hornstine's account of what was said there.
Local and later national media focused intense attention on the case, leading to talk-radio scorn, an online petition calling for Harvard to revoke her admission and unflattering front-page photos in the Philadelphia tabloid newspapers.
Injunction granted and settlement
On May 8, 2003, U.S. District Judge Freda WolfsonFreda Wolfson
Freda Linsenbaum Wolfson is a District Judge for the United States District Court for the District of New Jersey. She joined the court in 2002 after being nominated by President George W...
ordered the Moorestown school district to follow its existing policy and name Blair Hornstine the sole valedictorian for the class of 2003. Wolfson wrote, "Ms. Hornstine earned her distinction as the top student in her class in spite of, not because of, her disability".
The Court found that Blair Hornstine met the conditions for issuing an injunction, including a likelihood of prevailing on the merits of her case. In addition to finding that "the Board's proposed action was intended and designed to have a particular exclusionary effect on plaintiff because of her disabled status," the Court cited a ruling by the New Jersey Commissioner of Education, in a case where there was no disability issue, that barred a retroactive change to requirements for the award of valedictorian.
Hornstine's claim for compensatory and punitive damages was settled on August 19 for $60,000; all but $15,000 of which went to lawyers' fees. On June 10, Hornstine, through her lawyer, Edwin Jacobs, informed the school that she would not attend graduation (which was held on June 19) and requested her valedictorian award be made in absentia, saying "the hostile environment at the school has traumatized Blair both physically and emotionally". Her house had been hit by eggs and paintballs, and she received a threatening letter.