Page 6 THE VILLADOM TIMES I • October 6, 2010 Appeal (continued from page 5) to limitations, and its right to impose a consequence for conduct away from school grounds is specifically limited to situations where the exercise of that authority is reasonably necessary for the students’ physical or emotional safety, security, and well-being, or for reasons relating to the safety, security and well-being of other students, staff, or school grounds. McGill also said the regulation violated the Fourteenth Amendment, which protects parents in the care, custody, and control of their children without governmental interference. The acting commissioner did not address that finding. The regulation has been an issue since 2007, when a district survey indicated that students were experimenting with alcohol and drugs away from school grounds and the school board felt compelled to take action. The regulation was debated at several public meetings and revised several times as the board grappled with legal questions. Adoption of the regulation was delayed several times. Theresa and Gregory Meese, whose child was a senior at Indian Hills High School in 2009, filed a petition in September of that year, asking the commissioner to enjoin the schooldistrict from enforcing the regulation. Acting on McGill’s recommendation, the acting commissioner found the school board has an obligation to establish a code of conduct for students and that the board’s desire to limit drug and alcohol abuse is reasonable. But she pointed out that there are parameters by which all boards of education are bound, and they may deny participation in extracurricular activities as disciplinary sanctions when they are designed to maintain the order and integrity of the school environment. Hendricks agreed that participation in extracurricular activities is a privilege and not a right, but she explained that does not negate the fact that the board’s decision to revoke a student’s ability to participate in extracurricular activities amounts to a form of discipline. She found that the board’s regulation must comply with the requirements relating to discipline for conduct away from school grounds as is outlined in the state’s administrative code.