Student who wrote on wall may not be facing alternative school

HELEN ERIKSEN, Copyright 2007 Houston Chronicle | July 11, 2007

Photo By Tony Bullard/For the Chronicle Alex Mendoza, 15, says he's flattered by the message Shelby Sendelbach scrawled, but he said she shouldn't do it again.

The Katy Independent School District is reconsidering a decision to send a sixth-grader to alternative school for four months after she confessed to writing "I love Alex" on a school gymnasium wall with a baby blue Sharpie.

Under a firestorm of criticism, the district is researching discipline options for Shelby Sendelbach, a 12-year-old Mayde Creek Junior High School pupil who was punished by the district with a Level 4 infraction after writing the message in permanent ink.

The graffiti offense — on par with making terroristic threats, drug possession and assault — is punishable as a felony under the district's discipline plan. Only a Level 5 is more severe — for murder, possessing firearms, aggravated or sexual assault and arson.

Meanwhile, the object of the girl's affection said Tuesday that he was flattered when he learned about the message, but his advice to Shelby is that she should not do it again. Alex Mendoza, an eighth-grader at the school, also said he was "really shocked" by all of the attention the incident has received. The 15-year-old, who called Shelby his girlfriend, met her in the cafeteria during the school year.

Lisa and Stu Sendelbach said they were stunned by the severity of their daughter's penalty for the May 21 graffiti incident. They are pushing to get the punishment reduced because they don't think the district took into account her clean disciplinary record, lack of criminal intent and the fact that she has a learning disability.

School board discussion

Superintendent Alton Frailey, who began working in the district July 2, intends to discuss the case in a 5:30 p.m. closed-door school board session on July 18, said district spokesman Steve Stanford.

"I am looking at what happened and what options we have per state law and local policy," Frailey said Tuesday. "It is always my practice to follow the law and policy while looking out for what is in the best interest of the individual student and the district as a whole."

An open meeting of the board convenes at 6:30 p.m. July 18.

Shelby hoped to try out for the school's volleyball team, but her parents said she would not be eligible if the punishment sticks.

Stu Sendelbach talked to Frailey by phone Monday and said he was encouraged by the conversation.

"He told me he will find out exactly what options they have legally and he hopes to be able to give us what we seek, which is little or no time in alternative school," Sendelbach said.

Lawmakers disagree

Sen. Dan Patrick, R-Houston, who sits on the Senate's Education Committee, says the district may not have applied a 2005 law that modified the state education code relating to school discipline. The law gives districts discretion in administering punishment.

The district previously said the discipline plan requires removal for offenses punishable by felony and the district would have no choice in such a case.

But under House Bill 603, a district can consider disciplinary history, intent, whether a student has a disability that would impair judgment or acted in self-defense before deciding to remove from school.

"KISD is simply wrong to state that they are required by law to send this young lady to alternative school," Patrick said.

Patrick also argues that under the original law, school districts already had discretion in the duration of the punishment.

Stanford said the discipline code complies with the law. He said since the district's discipline plan — as permitted but not required under state law — specifies the duration for mandatory removal for Levels 4 and 5 infractions, the district is required to follow it.