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Department of Education

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Appeal Decisions

Keyword:     Type :    
1 Matching Record
If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or
BOOK: 16 
MONTH-YEAR: February - 1999
IN RE: In re Sharon Ortner
APPELLANT: Sharon Ortner
APPELLEE: Wall Lake View Auburn CSD
KEYWORDS: Good conduct;  extracurricular activities; graduation; prom
DETAILS: NOTE:  The decision at above link was reversed by the District Court as to prom.  That is, a student who violates a good conduct policy MAY BE excluded from prom. The Appellant was an 18 year old student at the time of her appeal.  She was found to have violated the Districts good conduct policy by having been charged with OWI, Operating a Motor Vehicle While Intoxicated.  This was her third alcohol-related violation of the Districts good conduct policy. 
  The decision of the local school board was that the Appellant was ineligible to participate in all extracurricular activities for 1 year.  The board included in a listing of such activities the following:  ''prom, homecoming, and graduation.''
  The appeal to the State Board of Education centered on whether the Appellant could be barred from participating in prom and graduation.
That is, are prom and graduation ''extracurricular activities?''
  The State Board decided that the Appellant could not be excluded from participating in prom and graduation.  This decision was appealed by the District to the Sac County District Court.
OUTCOMES: The Sac County District Court decided that a student who violates his/her schools good conduct policy MAY be excluded from prom (and other school dances) but MAY NOT be excluded from participating in graduation exercises.