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Decision Number
69
Book
9
Month
August
Year
1991
In RE
Bryan Campbell and Craig McClure
Appellant
Mr. & Mrs. Bob Campbell / Mr. and Mrs. Joel McClure
Appellee
Mt. Ayr Community School District
Full Text
Summary

The appellants seek reversal of a decision made by the Mt. Ayr Community School District board finding the students Bryan Campbell and Craig McClure guilty of violating the District's "good conduct" policy prohibiting the possession of alcohol by students.

The students were performing in a play which called for a bottle of wine as a prop. They got a bottle of vermouth from the McClure home. It was used at a speech contest, and the students did not tell the supervising teacher the bottle contained real alcohol. The students then hid the bottle to store it for another performance of the play at school, so it would not be tampered with by other students. It was with some other alcoholic items.

It was discovered by the drama teacher, who discussed the situation with the guidance counselor. After meeting with the students and the principal, the decision was the boys violated the good conduct policy regarding alcohol. When the case went before the Board, it deliberated in closed session and returned with a decision to affirm the administration's recommendation of guilty.

The appellants contend:1) The Board's final order violated the open meetings law. The State Board of Education is powerless to enforce or find any violation of Iowa's open meetings law.2) The Board used "selective enforcement". There is insufficient basis on which to conclude this occurred.3) The Board "enlarged" the allegations resulting in a due process violation. There is no proof this occurred.4) Some of the board members engaged in ex parte communication with the superintendent. This panel cannot conclude that pre-hearing communications between administration and the Board resulted in an unconstitutional combination of functions in violation of due process.

The decision of the Mt. Ayr Community School District board is affirmed.