Dustin Corning was expelled on January 26, 1999, for the remainder of the school year. He was found to be in possession of marijuana on school grounds in violation of Board policy. In lieu of expulsion, the Board directed the administration to draft a set of conditions that could be complied with by Dustin to avoid expulsion. In order to continue his enrollment and participation in academic programs at the school, and to be eligible to participate in commencement, Dustin was required to seek and obtain a drug abuse evaluation; work in the lunch room every other day and work on campus from 12:45 p.m. until 4:00 p.m. Dustin's open campus privileges, from 8:00 a.m. until 3:45 p.m. were revoked; his parking privileges on school premises were revoked; and he lost eligibility to participate in extracurricular activities and other privileges available to high school seniors, including Jr. and Sr. Prom and National Honor Society.

Appellants felt these conditions were too harsh and punitive. They elected instead to apply for early graduation, which was granted by the Board. The parents appealed to the State Board to have the expulsion decision overturned so that Dustin could attend his graduation and commencement ceremonies.

The administrative law judge and hearing panel found that under the facts of this case, Dustin could have been expelled from school. The conditions were an attempt by the District Board to allow him to mitigate his punishment. The District Board had the discretion to modify the expulsion and Dustin had the option to "take it or leave it". There was no basis upon which District Board's decision could be reversed.

It was recommended that the decision of the Board of Directors of the Indianola Community School District, made on January 26, 1999, to expel Dustin Corning for the remainder of the 1998-99 school year for possession of marijuana, be affirmed.