On November 13, 1995, upon entering the high school, Curtis was given a handgun by a female friend of his that belonged to her boyfriend. Curtis immediately took the gun to his car parked in the school parking lot. The gun's owner pulled into the parking lot and Curtis retrieved the gun and gave it to him.

On November 28, 1995, the Board expelled all 3 of the students for 12 months each. The Gun-Free Schools ACT was enacted on October 30, 1994 (Public Law 103-382). A student who is determined to have brought a weapon to school must be expelled for not less than one year. The superintendent is allowed to modify the expulsion requirement on a case-by-case basis. The Iowa Legislature added "or knowingly possessed a weapon at a school" to the law.

Although the Board's expulsion of Curtis appears too harsh under the circumstances surrounding his case. In spite of the expulsion mandate, there is room for the exercise of judgement and discretion on the part of the local board and superintendent when circumstances warrant.

The State Board cannot prescribe WHEN these expulsions should be modified. The recommendation to modify should take into account "the unique or peculiar aspects of each case, the nature of the misconduct, the degree of culpability of the student(s) involved and what punishment would be felt without totally destroying the student's motivation to continue his or her education." In re Carl Raper, 7 DOE App. Dec. 351, 355(1990).

That the decision of the Schaller-Crestland Board of Directors expelling Curtis was affirmed.