Some parents filed a grievance with a school district, alleging that their child did not make the cheerleading squad because the tryout process was tainted, and that the student was denied equal educational opportunities. They claimed that the tryouts violated the cheerleading constitution because participants who missed mandatory practice, or whose parents missed the mandatory meeting, were allowed to try out.

Additionally, despite the cheerleading constitution’s prohibition against parents in the vicinity of the tryouts, a parent was present because she was observing the preliminary process in preparation for her assuming the role of sponsor the following year. The parents further alleged that the coach spoke to the judges when she escorted them to the restroom and complimented one of the participants. 

The school district board of trustees denied the grievance and the parents appealed to the commissioner of education. The commissioner dismissed the appeal, finding that the board’s decision to deny the grievance was reasonable and supported by substantial evidence. The commissioner also noted that he only can consider appeals of cases involving a violation of the state's school laws. In this case, the parents were alleging a violation of the cheerleading constitution, not state law.

Finally, the commissioner ruled that the student was not denied an equal opportunity at tryouts when the coach complimented one of the participants and not the student in question, because there was no evidence to show that the judges even heard the comment, much less were influenced by it. Also, the student’s sister made the team even though she was not complimented.

All of these factors supported a finding that the student did not fail to become a varsity cheerleader due to the school district's denying her an equal opportunity to try out.