Punishment reduced for girl in Katy graffiti flap

HELEN ERIKSEN, Copyright 2007 Houston Chronicle | July 18, 2007

Photo By Tony Bullard/For the Chronicle Alex Mendoza, 15, was the object of 12-year-old Shelby Sendelbach's attention when she wrote "I love Alex" on a gymnasium wall in her Katy school. Alex said he was flattered but that she shouldn't do such a thing again.

Katy Superintendent Alton Frailey announced Wednesday night that a sixth grader will not have to attend four months in an alternative school for writing "I love Alex" on a gymnasium wall with a baby blue Sharpie.

Instead, the parents and the principal Rick Hull will discuss reasonable discipline options for the offense that will not include out of school suspension or placement in an alternative school, Frailey said.

The offense is a Level 4 infraction in the district's discipline plan, putting it in the same category as making terroristic threats, possessing dangerous drugs and assaulting with bodily injury.

The punishment given to Shelby Sendelbach, a student at Mayde Creek Junior High, sparked outrage and widespread criticism that it was too harsh. They blasted the district for not using discretion.

Frailey said that after considerable review, the district was not certain that it had found statutory language that specifically gives the district the latitude it sought in this case.

"It is our intention and commitment to comply with the law and board policy," Frailey said after a school board meeting. "However, we remain extremely uncomfortable with rendering an assignment of any length to the district alternative school for what occurred."

He added: "We do not feel that it is appropriate or in the best interest of the students. The board agrees with the parents in not condoning the student's behavior. After reviewing the issue and having conversations with the parents, principal and state officials regarding their intent, the board is making this decision."

There have been eight cases at Mayde Creek Junior High involving graffiti, and all of the students will have their alternative school placements set aside, Frailey said.

In the meantime, district administrators are going to work with legislators to better define discipline language and current law, to make sure that the legislative intent is followed.

Frailey said he reached parents Lisa and Stu Sendelbach Wednesday and said they were relieved.

The case drew national media attention after the May 21 incident when district police read Shelby Sendelbach her rights and ticketed her for the graffiti act.

The Sendelbachs blasted the school district accusing administrators of failing to make a distinction between Shelby's act of puppy love and graffiti done by a gang member.

During Frailey's first week on the job, he was thrust into a position that required him to study state law to determine if the district could allow leeway in the decision.

The school district can punish the act as felony because the marking was in permanent ink but the Harris County district attorney's office declined to prosecute the case as a felony.

The district defended the decision, saying the removal complied with the Texas Education Code and was mandatory.

Shelby still faces a Class C misdemeanor for criminal mischief and the making of graffiti.

Several state lawmakers rallied to the family's defense, arguing that the district had not applied a state law that gives administrators leeway in discipline cases.

State Rep. Rob Eissler, R-The Woodlands, said he wrote House Bill 603 to give school districts authority to use some discretion.