Pupil Case Unresolved

In a hearing before Circuit Judge Ross W. Campbell yesterday afternoon the Ann Arbor Board of Education moved to send the University Center case to the Court of Appeals in Lansing. ' After the presentations by Richard B. Bailey of the Bonisteel law office which represente the school board and James A. Crippen for the center, and after a conference which interrupted the 15-case court docket, no ruling was made. After court was adjourned Bailey and Crippen explained that the judge has taken the issue under study. Counsel for both sides went into conference twice with Judge Campbell-once for what a spectator murmured was "a long 15 minutes and again later in the afternoon when the court docket was cleared. On Sept. 15, Judge Campbell issued a porary injunction allowing 23 teen-aged boys from the local residential psychiatrie center to enroll in the public schools. In issuing the in.iunction which took effect immediately, Campbell said the youths were m the county "in order to obtain psychiatrie treatment with the good faith and belief that they would be able to attend schools here." He added that since the final disposition of the complaint may take considerable time, the injunction should be issued. Yesterday in commenting on the proposed appeal, the judge said the mltter could probably be settled locally sooner than it could be aired in appeal. Bailey and Grippen explained that at issue are the legality of fhe action and a restrainmg order to stay the proceedings. Crippen earlier noted that to stay the proceedings would be to have Judge Campbell set aside his order for the boys to be enro led in school This would take the boys out of school until further action was taken. Court action began after the Board of Education this year reversed its policy of 15 years and said the children attending the University Center on Broadway formerly the Re-Adjustment Center, did not qualify for admittance to public schools. The school board argües that the boys do not qualify to attend schools since they come to the center primarily for medical purposes and not for "securing a suitable home for the child." Crippen contends that it is the basic right of the children to attend school. Bearing on the case are charges by teachers counselors, and principáis that niany of the boys are major discipline problems. This was firtf I duced into the court yesterday, and the f act that it had been "overlooked" in the initial presentation was made note of by Judge Campbell. Also introduced to the court were three "classifications" of center residents-those who were at the center through court action, a transfer of court action or no court action. As to the placement of the boys in the school svstem Westerman had said at a past Board of Education meeting that area designations , were Wted and the boys were put in various schools, so there was no one school that enrolled a greater portion of the boys than another.