State Ex Rel. Bartmess v. Board of Trustees of School District No. 1 & High School District No. 1

This is an appeal of a summary judgment of the District Court for Lewis and Clark County which upheld the requirement that Helena high school students participating in extracurricular activities maintain a 2.0 grade average. We affirm.

*271Relators appeal and raise the following issue: Did the District Court err as a matter of law in holding that under the United States and Montana Constitutions participation in existing extracurricular activities is not a fundamental right?

Relators are citizens and taxpayers of Lewis and Clark County and parents of students enrolled in the two Helena high…