The appellant seeks reversal of a local board decision expelling David Ward for the remainder of the 1991-1992 school year as a result of possession and sale of LSD, a controlled substance, on school grounds.

The appellant contests the decision because: a) David was subjected to disparate treatment and selective enforcement of school policies, as another student who was involved received a different punishment; b)David's constitutional rights, as well as department of education and state board policies, were violated; and, c)David's Fifth Amendment right to be free from testifying against himself was violated.

The selective enforcement argument fails, because David and the other student did not have similar situations. The district administrators did not selectively enforce the policy prohibiting the presence of controlled substances on school grounds; they recommended dissimilar consequences to enforce the policy. The constitutional rights violation arguments fails, because the district took all the appropriate steps necessary to advise David of his due process rights, and no department of education or state board policies were violated. Lastly, the Fifth Amendment right against self recrimination argument fails, because David was not compelled to testify against himself at the local board hearing; he had admitted guilt and that admission was made part of the record.

For these reasons, the decision made by the Dubuque Community School District board to expel David Ward with attendant loss of academic credit earned in the 1992 spring semester due to possession of a controlled substance on school grounds is affirmed.