Legal Question in Education Law in Iowa

I live in a school district where the high school has an activity code that disallows the use of alcohol, tobacco, or drugs in all places at all times, even in countries where such usage might be legal.

I am a parent and a teacher at the school who would eventually like to take my sons to Europe and allow them to drink wine, even before they're 21.

Is there any good legal precedent for challening such an activity code?

Here is the exact wording of the code (without naming the district):

"The Board of Education affirms its district's support of student responsibility and discipline policies, affirms its intent to support staff who enforce these policies and affirms its intent to hold staff accountable for implementing these policies.

A Student Activity Conduct Code outlines further expectations for those who participate in activities.Participation in an activity program is a privilege granted to students displaying the interest and talent the activity requires. These students serve as representatives of our district to their peers, to the public within our district, and to other school districts. Because of the responsibility inherent in representing the district, a higher level of conduct is demanded of those students than is expected of the general student population.

It should be clearly understood that students who participate in activities may not use alcohol, tobacco, or controlled substances at any time in any location to remain eligible. This policy applies in all countries and locations throughout the world (including international waters), regardless of whether the possession or use of alcohol by a student is legal or not prohibited by law in the location where it is possessed or used."

Thank you for your time.

-Rob


Asked on 1/23/10, 6:35 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The problem you've got is that nothing happens until there's an incident and the school district takes an adverse action and bans him from activities. It's what's called standing. Until your son is harmed and there's a case in existence, on what basis can a court grant relief?

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Answered on 1/30/10, 9:25 pm


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