In late March of 2006 Preston McNees knowingly possessed and discharged a spring-loaded BB pistol in a shop class at Clarinda High School, shooting two fellow students below the shoulders. Although the District administrators recommended expulsion, the school board voted to suspend Preston for the balance of the 2005-06 school year through the first trimester of the 2006-07 school year, and granted him permission to enroll in the District's alternative high school for that first trimester.

The issues are whether Preston violated the District's weapons policy and, if so, whether the punishment imposed by the board is disporportionate to his admitted misconduct. [The BB pistol, because the BBs are discharged by spring-loaded mechanism and not an explosive action, is not a "firearm." Thus, this is not a case under the gun-free school law.]

The BB pistol is a weapon; its misuse was a violation of the District's weapons policy. The punishment was neither unreasonable nor contrary to the best interests of education.

The State Board upheld the decision of the local board.