This appeal questioned the application of the good conduct policy to behavior that was "legal," that occurred in a foreign country over the summer on a student trip that was not "school-sponsored". Appellants brought the appeal after their son, Scott, was found to be in violation of the good conduct policy. He admitted to drinking beer in Germany, while on a trip with other German language students over the summer. Scott was 17 years old at the time. In Germany, it is legal to drink beer at the age of 16.

The trip was arranged by the District's German language teacher through Ed-Ventures, Inc. It was not "school-sponsored" but the trip was approved by the Board. The students were told that if they drank beer in Germany, even though it was legal, they would be sanctioned by the good conduct policy.

The administrative law judge found that the present case was governed by the State Board's decision In re Jesse Bachman, 13 D.o.E. App. Dec. 363(1996). In that case, the Board held that the conduct prohibited by a good conduct policy need not be synonymous with a criminal code. A student who is covered by the good conduct policy need not engage in illegal activity to be punished under the terms of that policy.

That the decision of the Board of Directors of the Marshalltown Community School District made on August 24, 1998, be affirmed.