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Decision Number
270
Book
5
Month
September
Year
1987
In RE
Korene Merk
Appellant
Larry and Sharon Merk
Appellee
Algona Community School District
Full Text
Summary

The appellants seek reversal of a decision made by the Algona Community School District expelling their daughter for first semester. They also sought as relief the reinstatement of her grades and credits that were removed because of her expulsion.

The appellants' daughter was expelled after committing three violations of school policy. However, there was no contention that her actions were extreme in nature.

There appears to be a problem with how the school policy was interpreted in this case, and there appears to be a violation of substantive due process or the notion that to be valid, rules must be fundamentally fair in their application.

The local board's decision is reversed, and the students grades are to be restored in full while her disciplinary records reflect three suspensions.