This appeal raises an issue of first impression involving a district's good conduct policy: When a district revises its good conduct policy and reduces the penalties for violations of the policy, what happens to the students serving more severe penalties under the previous policy?

In October of her sophomore year, Kristy committed her third offense of the good conduct policy. She was to be ineligible for all extracurricular activities for the remainder of her high school career. Under the terms of the policy, her parents went to the Board the following December and asked that Kristy's suspension be reconsidered. Kristy was reinstated in March of her sophomore year after completion of certain conditions. She had served a suspension of six months. It was understood that a fourth violation would make her ineligible without another chance for reinstatement. Kristy's fourth violation occurred in November of her junior year. She was out for good.

In the Spring of her junior year, the administration initiated a revision of the good conduct policy. They felt that the old policy was too punitive. The new policy went into effect during the fall of the 1998-99 school year ? Kristy's senior year. Among other changes, it reduced the maximum penalty for a third offense to one year. Kristy's parents asked the Board to reinstate their daughter under the new policy. The Board denied their request.

The administrative law judge found that under principles of due process, the District Board was not required to reduce the penalty for any student serving a consequence under the former good conduct policy. Therefore, the Board's decision was neither unreason-able nor contrary to the best interest of education. The Board had already given Kristy another chance when it reinstated her after her third offense upon completion of alcohol rehabilitation.

The decision of the Board of Directors of the Shenandoah Community School District made on May 11, 1998, which determined that Kristy Larson would not be given a "fresh start" under the newly-adopted good conduct policy, was affirmed.