Appellant and her husband are residents of the Oelwein District. Their oldest son, Justin, is the subject of this appeal. He just completed 10th grade and was a good student who had participated in extracurricular activities. Justin's first two violations occurred in August 1998 and involved possession of alcohol.

Justin's third violation occurred on February 6, 1999. Police took Justin into custody for possession of alcohol as a minor. The Board held a closed hearing on February 22, 1999, and voted to suspend Justin from all activities for one year, as provided by their policy. At the time of the appeal hearing, Justin had had a 4th violation on March 13, 1999, and was on six months probation. He was also attending a substance abuse class weekly.

Appellant's first reason that the District's policy should not apply to Justin was that he was not penalized by the criminal justice system for the first two violations; her second reason was that the policy had been inconsistently applied. No evidence was supplied for this assertion. Appellant's third reason was that it was in Justin's best interest to participate in extracurricular activities. We agree.

However, it was Justin's own poor decisions that resulted in his ineligibility.

That the decision of the Board of Directors of the Oelwein Community School District's Board of Directors, Made on February 22, 1999, to suspend Justin Buehler from extracurricular activities for one calendar year, was affirmed.