Petitioner contends that her performance in orchestra did not warrant the poor grades she received from respondent Kennedy. She asserts that Ms. Kennedy became hostile to her due to her attending the class only part-time per the agreement with Principal Walker. Petitioner also disputes the manner in which her written tests were graded by Ms. Kennedy, maintaining that answers marked incorrect were actually correct. Since 65 is considered a passing grade by the school, petitioner contends she passed orchestra for the year. She also alleges that due to the grade she received, she is not taking orchestra class her senior year.
Respondents claim that petitioner was graded fairly in orchestra.
Respondents contend that petitioner developed a poor attitude concerning orchestra, was disrespectful in class, did not complete the assigned work, and that her playing ability deteriorated. Respondents also allege that they went to great lengths to accommodate K.S.'s schedule to allow her to remain in orchestra. They claim petitioner's success in private lessons and in a statewide competition is irrelevant to her ability to play in an ensemble. Respondent Kennedy also explains that she assigns chair status in September, and does not change it until the following September. Respondents further assert that petitioner has failed to state a claim upon which relief may be granted, and that she has failed to demonstrate that the determination of petitioner's grade was arbitrary, capricious, or unreasonable.