These students were expelled due their involvement in bringing an explosive device to the high school. The parents contend that their sons were treated differently than the other three students who were involved in the incident. The other three students served a suspension with no loss of credit for the second semester. Appellants' sons were expelled for the remainder of the year with no credit.

This is the first time the State Board has been asked to waive the 90-school-day ineligibility provision in an expulsion case. The hearing panel was not persuaded that the waiver of the open enrollment rules would be appropriate in this case. The ineligibility periods are not a result of the expulsions, but rather of Appellants' request for open enrollment.

That the decisions of the Board of Directors of the Guthrie Center Community School District to expel Josh and Aaron for the balance of the 1993-94 school year with loss of academic credits was affirmed.