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Decision Number
10
Book
18
Month
November
Year
1999
In RE
Victoria Smith
Appellant
Stanley & Teresa Smith-Clubs
Appellee
Harris-Lake Park Community School District
Full Text
Summary

During the 1998-1999 school year, Victoria was enrolled in the Harris-Lake Park mixed chorus. This is an elective for which students receive credit and a grade, but the grade is not part of the student's grade point average (GPA). The chorus meets for a class period, five days a week. At the beginning of the school year, all students in mixed chorus received a copy of the class policy, which lists performance dates and explains rehearsal and lesson requirements and grading factors. The students' parents were not required to acknowledge their receipt of these requirements. The policy lists seven required performances for the school year. One of the required performances was a small-group contest in Albert City on March 27, 1999. The students were to be at a bus at 5:30 a.m. for the trip to Albert City. The Clubs family overslept that morning and Victoria missed the bus. Between 6:30 and 7:00 that morning, she informed her parents that she would receive a failing grade for the quarter if she missed the performance. The parents made the decision not to drive her to Albert City or to locate other transportation for her.

The Clubs addressed the District Board at its April 12, 1999, meeting. They asked that Victoria's grade for the quarter be overturned and that the missed performance be counted as an unexcused absence. The Board voted to uphold the vocal music policy. Victoria's semester grade for vocal music was a C.12The policy the Board upheld was developed by Kathy Graber, the instructor, and was in its third year of implementation at the time of the appeal hearing. It was approved prior to implementation by Principal Peters, as were all other classroom policies at the high school. A similar policy was in effect for the District's band program. Ms. Graber testified that certain performances throughout the year are particularly important, and the participation of all chorus members is required for several reasons, including the amount of time spent rehearsing for them. Also, the students must be able to depend on everyone being there, both for the quality of the performance and for the morale of the group.II.CONCLUSIONS OF LAW In appeals to the State Board under Iowa Code chapter 290, the State Board has been directed by the Legislature to render decisions that are "just and equitable" [Iowa Code section 290.3(1999)]; "in the best interest of the affected child" [Iowa Code section 282.18(20)(1999)]; and "in the best interest of education" [281 Iowa Administrative Code 6.11(2)]. The test is reasonableness. Based on this mandate, the State Board's Standard of Review is:A local school board decision will not be overturned unless it is unreasonable and contrary to the best interest of education.In re Jesse Bachman, 13 D.o.E. App. Dec. 363(1996).They discussed the policy with Superintendent Richardson, who supported Ms. Graber and the policy. The Clubs then addressed the District Board at its April 12, 1999, meeting. They asked that Victoria's failing grade for the quarter be overturned and that the missed performance be counted as an unexcused absence according to the District's attenda

The Appellants' claim that Victoria's grade was "unfair" is not supported by the evidence. There is no dispute that Victoria knew in advance the consequences of missing a required performance. The evidence also shows that Ms. Graber's policy has been reviewed by the high school principal as part of his authority for the "administration and operation of the attendance center". Iowa Code section 279.21(1999). The evidence also shows that the policy was in its third year of implementation, was similar to the instrumental music policy in the District and had been consistently applied. Ms. Graber testified to valid educational purposes for requiring students to participate in certain performances and imposing a serious penalty for failing to do so. She described the required performances as a "participation" requirement for the class and noted: "You can't participate if you aren't there." She also testified that she considers her policy to be a grading policy. We agree that it is a grading policy and find no "unfairness" in it.

The fact that the Appellants consider Ms. Graber's policy for mixed chorus to be unfair and disagree with the District Board's support of it does not mean that either the policy or the decision is unreasonable. There are issues on which reasonable people can disagree.

That the decision of the Board of Directors of the Harris-Lake Park Community School District, made on April 12, 1999, was affirmed.