Appellants sought reversal of a decision made on November 25, 1997 to expel their son from school for the remainder of the school year for "possession of a dangerous weapon on school grounds." Appellants' son, Thomas, was removed from class in order to be questioned by the vice-principal and school liaison officer after two police officers found two boys sitting in the car Thomas had driven to school. As the officers were questioning the two boys, they noticed a pellet gun under the driver's seat of the car. Thomas did not deny knowing that the gun was in the car.

Thomas had been receiving services for learning disabilities since he was identified in the third grade. Appellants' arguments were that because two other students were drinking beer in Thomas' car, they searched the car and found the gun and a bat; the gun did not belong to Thomas; and Thomas should be in school. The school's position was relatively simple. Under the provisions of the Gun-Free Schools Act, a student must be expelled for possession of a gun on school property. There was no dispute that Thomas knew the gun was in the car. Thomas had been staffed out of Special Education and thus it was not required to that the school deliver services during the period of expulsion.

Although the Board's expulsion of Thomas appears very harsh under the circumstances surrounding his case, the Board's action was mandated by State law. We are mindful of the parents' distress over the fact that their car was searched because of the actions of students who were not authorized to be sitting in their car, and as a result, their son bore the consequences. However, the result is not unfair when one thinks of the consequences of possessing a gun on school grounds.

The decision was to uphold the Board of Directors' action despite our sympathy for Thomas' situation. The Board's decision is consistent with State and Federal law.

That the decision of the Board of Directors of the Waterloo Community School District made on November 25, 1997, expelling Thomas Menuey for the remainder of the school year for possession of a dangerous weapon was affirmed.